HomeMy WebLinkAbout025119 ORD - 11/19/2002AN ORDINANCE
AMENDING ARTICLE V, CHAPTER 57, VEHICLES FOR HIRE, CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING THE
PROVISIONS REGARDING AUTO WRECKERS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, The proper and safe functioning of the auto wrecker towing business has a
significant impact on the safety and welfare of the general public since it involves the use of
public streets of the City, often in circumstances necessitating prompt, competent removal of
dangerous traffic obstructions, and providing appropriate services to citizens who can be
stranded in particularly vulnerable positions; and
WHEREAS, The City has the authority granted under state law and 49 U.S.C. Section
14501 (c)(2)(A) and (C) to regulate auto wreckers with regard to safety, minimum amounts of
proof of financial responsibility and with regard to prices charged by auto wreckers in
transporting motor vehicles without the prior consent or authorization of the owner or
operator of the motor vehicle; and
WHEREAS, the authority of a municipality to establish and enforce regulations impacting
auto wreckers and their operations has been upheld by the United States Supreme Court in
City of Columbus v. Ours Garage and Wrecker Service, 122 S. Ct. 2226 (2002); and
WHEREAS, The City Council of the City of Corpus Chdsti finds it necessary to enact
regulations providing for the safety of its citizens, financial responsibility requirements for
auto wreckers and prices for non-consent tows without otherwise regulating the price, route
or service of auto wreckers operating within city limits;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION t. Section 57-220, Code of Ordinances, the definitions of auto wrecker, consent
tow, non-consent tow and unauthorized vehicle are revised to read as follows:
Sec. 57-220. Definitions
As used in this article, the following terms shall have the respective meanings ascdbed to
them:
Auto wrecker: Any motor vehicle used or designed for the purpose of towing, carrying,
pushing, or otherwise transporting a disabled, impounded, improperly parked, repossessed,
or abandoned motor vehicle.
Consent tow: Any R~ tow conducted with the permission of, or at the direction
of, the towed vehicle's legal or registered owner, or such owner's apparent authorized
representative. Except as set forth in the definition of "non-consent tow" below, a tow will be
considered a consent tow where the owner is able to give consent. The vehicle will be towed
to the location designated by the vehicle's legal or registered owner, or such owner's
authorized representative. Fees s~'c'' ~'" "'~'~ +" *~' .... * ....... t, .......... cs "~; ~'" *~';o
Drop fee: The price to be charged in lieu of a tow ng fee where, after an auto wrecker has
been dispatched to. or is at the scene of a tow. and has started to physically attach or
connect the vehicle to the auto wrecker, and the vehicle has not been towed from the scene
when the vehicle owner requests its release.
Non-consent tow: Any im~)undme~ tow conducted without the permission or authorization
of, cr .-.et :t the d!rect!c.q of. the vehicle's legal or registered owner, or ..... th._~e owner's
authorized representative, regardless of the vehicle's location or condition. Towing of the
vehicle of a person who has been taken into custody by a law enforcement agency is
considered a non-consent tow. Any impoundment tow from the scene of an accident is
considered a non-consent tow. Towing fees shall be charged and paid tc ;~,~,..~ r,~v.~,_~ ...... r-~,,~,,;v....v,.
Im ..... '~ Lct as set by this~tien article.Thio ~l~ni~; ..... h .~1 ........... ~, t. ~' ..... ~ ~'.~m, v
~ This definition includes all tows from private property conducted without the
vehicle owner's or representative's consent, ""'~ +~'" *"'"~"" ~'" ~ ..... ~'~"~' =" *~' ........ "
other ......... * * ......... +-,~,.~o~-~,~ ;,, ~,,,~,-'- 5'~ 25,~ A non-consent tow under this
article does not include tows initiated by law enforcement agencies other than the Corpus
Christi Police Department.
Parking facility. Any public or pdvate property used, in whole or in part, for paid or restricted
parkin.q.
Private property impound: A non-consent tow from private property.
Rotation wrecker: An auto wrecker company permitted to conduct police-initiated rotation
and impound towin,q as well as towing work for compensation within the territorial limits of the
Cityu~-'~.,u ~ ~'"~r-u~ Christi. -r~,^...~ ~.,..~. .......... ....~'" ~,,~,~ ,..~.~ ,~,,,.v .... _ ~,~* ....... ... ~ ~,., ...... ~, ~-~.,...-~* *,,-.~ . *~,~, .. ~ ,- ~,,*,,~ ,,, ~*,-~-~,,~.~, ,~.~,,~. ~ ,.
,.,,-,~i.-,, ~,,~.-,,-,~,,~ ......... ,, ....*i,-.,- 57 2'!,~ T~, .,-.+..,ir.,-. ~io* ....... ,~,, ,.~ ........
53S!S.
Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the
consent of the parking facility owner.
Wrecker company: An auto wrecker company permitted to conduct towing work for
compensation within the territorial limits of the City of Corpus Christi.
SECTION 2. Section 57-221, Code of Ordinances, is revised to read as follows:.
Sec. 57-221. Offenses; Penalty.
(a) A person commits an offense if the person intentionally or knowin.qly without consent of
the vehicle owner, operator, or authorized representative of the owner tows or causes the
towin.q of a vehicle from private property, other than an abandoned, junked, illeclallv parked,
trespassin.q, repossessed, or unauthorized vehicle.
(b) A person commits an offense if the person intentionally or knowin.qly tows or causes the
towin.q of a vehicle from any public street, d.qht-of-way, beach, or public property without the
consent of the vehicle owner or operator, or at the direction of a swom peace officer actin.q in
his official capacity.
(c) A person commits an offense if the person intentionally or knowin.qly tows or causes the
towin.q of a vehicle as a unauthorized vehicle, in accordance with the Texas Transportation
Code, from a parkin.q facility that is not properly si.qn posted, or that the vehicle owner has
not received proper notice, or that the vehicle was not left in violation of Section 684.011 of
the Transportation Code, er that the vehicle was in or obstructin.q a paved driveway or
abuttin.q public roadway used for entedn.q or exitin.q the facility..
(d) A person commits an offense if the person op=rctes fcr ccmp=nsct!cn cn =utc ,;:mck=r in
vio!3t!c,-, cf violates any section of this article. Unless otherwise stated, a culpable mental
state is not a required element of an offense under this article. An offense under this section
is 3 Cl"c"., C m!cd=m3cncr punishable as provided by Section 1-6 of the City of Corpus
Chdsti Code of Ordinances.
(e) No towing fees or charges may be imposed or collected, and if paid, shall be refunded
within five work n.q days, for a tow conducted in violation of this article.
SECTION 3. Section 57-222, Code of Ordinances, is revised to read as follows:
Sec. 57-222. Permit required.
(a) It shall be unlawful for any person, firm, corporation, or partnership with a place of
business within the territorial limits of the City of Corpus Christi to drive or operate, or cause
to be driven or operated, any auto wrecker for the purpose of transporting a
kmCeuR~l vehicle e~r~9~-e~gt~e~; ......... * .........+ ~,,, +~,~ p,,I;~.~.
deparAme~ for ~m~nsation from any location or to any location within the city limits of the
City of Corpus Chdsti without flint having obtained a~ ~it issued under the
provisions of this a~icle ~' '* ....... u ......... ~ ~-~ ..... +~ ~ ............. *~' ~*;* .....
(b) An auto wrecker owner, aRent or employee commits an offense if the auto wrecker
conducts a non-consent tow from any Io~tion or to any Io~tion within the rectorial limits of
the City of Co~us Chdsti and does not hold a pe~it as issued under this a~icle.
(c) It is a defense to the offenses in this aAicle that the auto wrecker was owned and
operated by a .qovernmental entity or that the auto wrecker was operated solely for the
transportation of sa va.qe vehicles.
SECTION 4. Section 57-223, Code of Ordinances, is revised to read as follows:*
Sec. 57-223. Application, contents, fees.
(a), ......... ~., Any person, firm, corporation, or partnership desiring to operate one (4) or
the C~ty .....~..v c-~,;~,i
more auto wreckers for compensation in ' '-~ "' ..... v ....... shall make an odginal or
renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the
chief of police as follows.
(b) Original application.
(1) List An original application and renewal application shall contain the name, address,
and current phone number of the al._J_l ownem_.
A. If the owner of the auto wrecker is a partnership, the application shall contain the
partn~ership's name, address, and phone numbers and the names, addresses, and
phone numbers of all partners.
B~ If the applicant is a corporation, the application shall state the corporate name, the
office address, and phone number of the corporation, together with the names,
addresses, and phone numbers of the president and secretary of the corporation.
(2) For an auto wrecker permit1 the owner shall list each wrecker the owner wants to
permit and attach a copy of the Texas License Receipt and the Texas Tow Truck
Registration for each wrecker.
(3) For a rotation list permit, the Oowner shall list each wrecker the owner wants to
permit, the certification (Category A or Category B auto wrecker, see section 57-254),
and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration
for each auto wrecker ~.
(4) Owner shall provide proof of ownership of all auto wreckers listed on the wrecker
permit or rotation list permit issued.
(5) Owner shall provide a current certificate from the county tax assessor-collector that
all City of Corpus Christi taxes on all property, real and personal, to be used in
connection with the owner's auto wrecker business are paid.
(6) For an auto wrecker rotation list permit1 the owner QwRe¢ shall provide a copy of a
deed to or lease for the proposed location for the auto wrecker business and storage
facility and written verification of the zoning of the proposed location from the city
planning department.
(7) Owner shall provide a written statement that he will comply with the provisions of
this article and of all other ordinances, statutes and state laws applicable to motor
vehicles and auto wrecker businesses. Further, that owner will ensure compliance with
said laws by all his auto wrecker drivers.
(8) Owner shall provide a ,~ copy of owner's Texas Sales and Use Permit.
(9) A copy of owner's certificate of occupancy at the proposed business location.
(10) For an auto wrecker rotation list permit, the owner Qwne~ shall provide a A copy of
owner's current Texas Vehicle Storage Facility License. Owners ~icensed under Texas
Motor Vehicle Commission must also obtain a Texas Vehicle Storage Facility License.
(11) A copy of owner's certificate of insurance, see section 57-232.
(12) A list of all owner's auto wrecker ddvers, including each one's name, social
security number, date of birth, drivers license number and state of license.
(c) Renewal application. Owner shall provide:
(1) Written confirmation of any changes in information supplied by previous application
or renewal.
(2) A current certificate or current receipt marked paid from the county tax assessor-
collector that all city taxes on all property, real and personal, used in connection with
the owner's auto wrecker business are paid.
(3) For an auto wrecker rotation list permit, the owner Qwne¢ shall provide a A copy of
owner's current Texas Vehicle Storage Facility License.
(4) Owner's insurance company shall provide a current certificate of insurance.
(5) A copy of owner's current Texas License and Receipt and Texas Tow Truck
Registration/C3b C2rd.
(6) A copy of the Texas Tow Truck Registration/Cab C=rd for each new auto wrecker.
(7) A list of all owners' current auto wrecker drivers and required information [see
section 57-223(b)(11)].
(d) Odginal Application or renewal application. The application for an auto wrecker or auto
wrecker rotation list permitv~,v~'-~'4 _,.~.,,~_.,v,'--'m~""*~"", or renewal application shall be accompanied by
an application fee of c~e ~-'''''4m'~ ....... ($100.00). If the application or renewal is denied,
fifty ....... ($50.00) of the fee shall be kept to cover the cost of reviewing the application or
renewal application. If application or renewal is approved, the owner shall pay the permit
fees as provided in section 57-226
I ~ ~ ~ ....... ~l 1.1..~* *.V~i ..... i~V.lil ,~:~ ~."-" __v.")'~ The holder of a rotation
list permit need not also hold an auto wrecker permit for additional owned wreckers not on
the rotation list.
(e) Inspection. Upon receipt by the police department of the foregoing information, any
applicable the storage facility and all auto wreckers will be inspected by a police department
representative as soon as practicable in accordance with the provisions of sections 57-224
and 57-240. Al I{* ....... [~, : ....,-,'i,-,,~lo: ...... *i,-,,. 57/)? ~* ..... ;.l~.:ll+,, i .... ~i .....
c~ctic,", 57 2-!,0.
SECTION 5. Section 57-224 (a) and (h), Code of Ordinances, is revised to read as follows:
Sec. 57-224. Application and certification.
(a) The chief of police or the police chief's designee shall review each auto wrecker permit
application and each auto wrecker rotation list permit application for compliance with this
article, and he shall inspect and certify each listed auto wrecker, business location, and
storage facility for rotation list permits if each listed auto wrecker meets the requirements of a
rotation list Category A or Category B auto wrecker, and if the business location and storage
facility are acceptable and propedy zoned.
(b) (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting
capacity of not less thanv,~,,.~;"~'* "'.,,v.~-,.-'~ (8,000) pounds, single-line capacity. If a hydraulic
wheel lift is installed, it must have a factory-rated capacity of not less than twe-theusand-five
hundred/'~ ~nn~ ..... '~° 41000 pounds. If the unit does not have an established factory-rated
lifting capacity, then such capacity shall be determined by a testing procedure approved by
the chief of police.
(e) (14) A reflective, brightly colored safety vest which must be worn by the auto wrecker
operator at the scene of any accident or any location where high visibility is required.
(h) All auto wreckers shall have flashing or rotating overhead waming lights that are in good
working order, with lenses free of oxidation, that rotate, that are clearly visible during daylight
hours, and that comply with the ~ ~"~"-'~ ~"* ~ .... ~.,,;,,,, Tr~-R~,-. *~. U;.~A .......T .... t'~i,,;I
, ' applicable provisions of the Texas Transportation Code.
SECTION 6. Section 57-225, Code of Ordinances, is revised to read as follows:
Sec. 57-225. Notice of disapproval of application or renewal; correction of defects.
The chief of police or the police chief's designee shall give owner written notice of failure of
any application or renewal to meet all requirements, which requirements were not met, and
thirty (30) days to remedy any defect and/or meet all requirements. If owner does not
remedy all defects and/or meet all requirements dudng the thirty-day cure pedod the chief of
police shall deny the application or renewal for "n ~ute wrecker p~rmit.
SECTION 7. Section 57-226, Code of Ordinances, is revised to read as follows:
Sec. 57-226. Permitissuance.
(a) The chief of police shall issue an auto wrecker permit to each owner whose application
complies with all requirements of this article upon owner's payment of an auto wrecker
operation fee of $126.00 for each auto wrecker permitted to owner's issued permit number,
and the chief of police shall issue an auto wrecker rotation list permit to each owner whose
application complies with all requirements of this article upon owner's payment of a three
,,~,,~,~,, ,,-,~-~-~ ~'~'-.,,.~,, '~"""-~.._. ($315.00) permit fee. The fee for an auto wrecker permit shall be
$100.00.
(b) The ~ ($100.00) application fee shall be applied to the permit fee.
(c) In addition, the owner shall pay an auto wrecker operation fee of ~
dollars ($126.00) for each auto wrecker permitted to owner's issued permit number.
SECTION 8. Section 57-227, Code of Ordinances, is revised to read as follows:
Sec. 57-227. Notice of denial; appeal.
The chief of police shall notify the owner in writing of denial of an auto wrecker or rotation list
permit application at the business address in the application by United States mail. Owner
may appeal the denial, within ten,,v,/~m days of the date of the notice of denial, by sending a
letter to the ,,mayor City Manager stating that an appeal from the chief of police's ruling is
desired, City ........ The City Mana,qer or the City Manager's des Rnee shall promptly and
within thirty (30) days after receipt of the appeal hear the appeal and sustain, modify, or
reverse the police chief's ruling. The autew~er:,ke~permit shall not be issued until c!ty ccunc!!
the City Manager or the City Manager's designee has heard the appeal and acted to sustain,
modify, or reverse the police chief's ruling.
SECTION 9. Section 57-228, Code of Ordinances, is revised to read as follows:
Sec. 57-228, Permitterm.
(a) Each auto wrecker and rotation list permit shall be issued for one (-1-) year from January 1
to December 31.
~ If any auto wrecker or rotation list permit is issued for less than one (:1-) year the three
,'-'~-~-~ ~;~+~" _ ..... ,$315.00) permit fee and ono ~'' '"'~"~'~ ~' .... +., o;v ,~..,~. /
hu .............. ' ............... · ..........,$126.00)
operation fee per auto wrecker shall be prorated based on the number of months remaining
until December 31.
(c) Renewal fees will be paid in the same manner as set out above.
(d) There will be no refund of permit fees or operation fees.
SECTION 10. Section 57-229, Code of Ordinances, is revised to read as follows:
Sec. 57-229. Permits numbered; identification on vehicle; drol) fee siam
(a) Each auto wrecker and rotation list permit issued by the chief of police shall be numbered
consecutively and each auto wrecker and rotation list permit holder shall affix sc!d cuts
wce~ke~ the permit number in clearly legible numerals to all doors of each auto wrecker
covered by =ald the permit. All =c!d identifications and permit numbers shall be permanently
affixed in letters no less than two (2-) inches high.
(b) The chief of police shall issue annual permit decals for each permitted wrecker. The
decals shall be affixed to the driver's side window of each permitted wrecker.
SECTION 11. Section 57-230, Code of Ordinances, is revised to read as follows_:
Sec. 57-230. Substitution of vehicle; fees.
An owner may substitute an unpermitted auto wrecker for one which has been permitted
upon providing written notice of intent to substitute. The notice shall contain all information
required by section 57-223 '"~'~"~- *~' .... ~.~,;,,,m ~ ~ ,..,, ..... A .... , .....~ .,, ,m
wre~ke~, and owner shall pay a ~ ($20.00) inspection fee for each substitute auto
wrecker. If the substitute auto wrecker complies with the requirements of section 57-223,
owner's ~ permit shall be amended to add the substitute auto wrecker and delete
the auto wrecker owner designates.
SECTION 12. Section 57-231, Code of Ordinances, is revised to read as follows:
Sec. 57-23t. Adding vehicles; fees.
Owner may add one (4~-or more additional auto wreckers to the autewvcer:,ke~ permit by filing
a supplemental application containing all information required by section 57-223. If the
additional auto wrecker complies with the requirements of sections 57-223 and 57-224,
owner's ~ permit shall be amended to add the additional auto wrecker(s). The fee
for adding auto wreckers to a~permit shall be cr.e hu.qdrsd .~;:~.".ty s!× dc!!crs
($126.00) prorated based on the number of months remaining until December 31, provided,
the minimum fee for adding an additional auto wrecker shall be fifty do!!3rs ($50.00).
SECTION t3. Section 57-232, Code of Ordinances, is revised to read as follows:
Sec. 57-232. Insurance.
(a) An owner shall procure, and keep in full force and effect, all insurance policies required
by this section. At the time of initial registration, and upon renewal, a certificate of insurance
must be filed with the chief of police. The certificate must certify the type and amount of
insurance coverage and provide immediate notice to the chief of police pdor to cancellation
or material change in the policy.
v.v,.~"~'--.~' '*~ .. , ~ v,.uv, ~ ~-'".v.,~..~. ...... The City's Director of Risk Mana.qement. shall establish the
minimum amount and type of insurance under the provisions of Section 17-15 of the Code of
Ordinances.
(d) Each auto wrecker must be insured so as to meet the requirements of all other applicable
statutes in addition to meeting the insurance requirements set forth in this article.
(e)-(d~ An aate~vre~ker permit issued under this article shall automatically be suspended
upon cancellation or expiration, for whatever reason, of any insurance required by this
section.
,.,m S=id (e) The policies shall contain a clause naming the city as an additional insured. The
chief of police shall have authority to increase the above requirements upon th!.'t,:,' (30) days'
wdtten notice to all owners.
(g) .(:D_An original renewal certificate of insurance shall be provided to the chief of police at
least fifteer~15) days before the ending date of any insurance in effect for each owner.
Failure to comply will result in the owner being deleted automatically from the rotation list
until the next monthly rotation list is published following the receipt of said renewal certificate.
SECTION 14. Section 57-233, Code of Ordinances, is revised to read as follows:
Sec. 57-233. Suspension, probation and revocation--Procedure, appeal.
(a) Notwithstanding any penal provisions contained in this Code, the chief of police
shall be authorized to revoke, er-suspend, or place on probation any auto wrecker o_[r
rotation list permit for a violation of the state law, city ordinance or any other
regulations governing the operation of an auto wrecker~_if c:!d ':!clot!ch !s committed
by an auto wrecker owner, his agents or employees. Such suspension or revocation
or probation shall be made in accordance with the following procedures:
(1) Upon complaint against any owner agent or employee by any person, or upon his
own motion, charging a violation of any provision of any city ordinance, the regulations
governing auto wrecker permits, or any state law, the chief of police or his designee,
after giving five (,F~) days' notice of the grounds of such complaint to the owner against
whom the complaint is made, shall hold a hearing at which all persons with relevant
information regarding the complaint sh~!! may be heard. At the conclusion of said
hearing, the chief of police or his designee may issue a warning to the owner or he
may permanently revoke or suspend the permit or may put the permit on probation.
Previous wamings, probations or suspensions within the preceding two (2-) years may
be considered by the chief of Police or his desiqnee in making his the decision.
(2) If the chief of police or his designee suspends the permit, said suspension shall be
for a pedod of not more than ~"*" (60) da s ~nd
.... ~ y .......................... If the
chief of police places a permit on probation, the period of probation shall be for not
more than six months, and the chief's action shall be final.
(3) If the chief of police or his designee revokes a permit permanently or suspends a
permit, he shall notify the owner in writing of the reasons therefor. $c!d The notice
shall be deemed sufficient if posted in the United States mail addressed to the owner's
business address as contained in the original application for a permit or the latest
renewal application f~-~ewa~m~~. The owner shall have the right to appeal
within ten f~m,,v, days from the date of the notice of revocation by sending a letter
addressed to the m::,'cr City Manager stating that an appeal from the ruling of the chief
of police is desired. If an appeal ~-""',, v,,, *~',, ,v ...., ~,,,"qg v, ''~ +~'~., ,~ ~,"~';"~,,v, v, '-~ ~.~,,v~""~"-' is perfected, as
herein provided, the ruling of the chief of police shall be suspending pending a hearing
by the ~,.j ........ C~ty Manager or h~s desiqnee, r-~* ........ ~ The City Manager or his
designee shall promptly and within thirty,~,/'~m days, hear such appeal and shall either
sustain, modify, or revoke the ruling of the chief of police. If no appeal is taken from the
the ~,,j ........
ruling of the chief of police within the time provided in this section, or if ";* ........ ;~
City Manager or his designee does not hear the appeal within thirty (30) days from
receiving notice of appeal, the ruling of the chief of police shall be final and the permit
revoked or suspended. When a permit ' , revocation is upheld, the
owner shall remove the city permit number from the sides of all wreckers previously
permitted, within five ~ working days of such notification.
SECTION 15. Section 57-234, Code of Ordinances, is revised to read as follows:
Sec. 57-234. Same---Waiting period after revocation.
No person, firm, partnership or corporation whose auto wrecker or rotation list permit has
been revoked shall be eligible to apply for a new aute-wred~ permit for a pedod of at least
one (1-) year from the date of such revocation.
SECTION 16. Section 57-237, Code of Ordinances, is revised to read as follows:
Sec. 57-237. One company per business location.
Only one (-1-) permitted auto wrecker business and storage facility may operate by any one
(1-) business address and/or location, regardless of whether the same person, partnership, or
corporation owns more than one ~ permitted auto wrecker business. If two (2) or more auto
wrecker businesses were in operation at the same business address and/or location prior to
March 8, 1988 they are exempted from this section, However, any owner whose auto
wrecker or rotation list permit is suspended or revoked by the chief of police, who voluntarily
removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the
exemption and may not resume auto wrecker operations at the same business address
and/or ~ocation as another permitted auto wrecker business. Each owner may only operate
auto wreckers which are permitted to him in response to any call for service from the Corpus
Christi police department.
SECTION 17. Section 57-238, Code of Ordinances, is revised to read as follows:
Sec. 57-238. Twenty-four hour service.
Each owner holding a rotation list permit shall maintain sufficient personnel and auto
wreckers to provide twenty-four-hour auto wrecker service under normal circumstances.
Each owner shall have at least one (-1-) telephone number which is answered twenty-four-
hours a day, seven (7) days a week by that auto wrecker business at its business address
and/or location, without routing telephone calls through a switchboard. Routing telephone
calls through a switchboard shall be grounds for suspending or revoking the aute~wrec~ker
permit.
SECTION t8. Section 57-239, Code of Ordinances, is revised to read as follows:
Sec. 57-239. Vehicle storage facility; attendant at business address and storage area.
An auto wrecker rotation list permit shall be issued only to an owner who has a propedy
zoned vehicle storage facility at its business address which meets the following
requirements:
(-1-) (a) The storage area shall be completely enclosed with a wire or wooden
fence at least six (6) feet in height or as required by the zoning ordinance,
whichever requirements are greater, including a gate which is locked at all times
the owner or an agent or employee is not at the storage area. The fence shall be
continuously maintained in good condition.
(2) (b)The storage area shall have an alt-weather surface such as concrete,
asphalt, black-top, stone, macadam, limestone, iron ore, gravel, caliche, or shell
that allows for the delivery and release of vehicles in all weather conditions.
(3) (c) The storage area shall have a sign at the entrance which is clearly
readable from the street setting out the name of the auto wrecker business, the
street address, correct telephone number, and the hours vehicles will be
released to vehicle owners.
(4) (d)The storage area shall have a sign setting out the per diem charge for
storage and all other fees which may be charged by the owner. This sign shall
be clearly visible to a vehicle owner prior to the payment of any fees.
~) (e)Owner shall maintain adequate illumination levels throughout the vehicle
storage facility which shall not be less than one-half (Y-z) foot-candles where the
vehicles are stored; one (-I-) foot-candles in the traffic lanes; and five (~ foot-
candles at the entrance.
(6) (f) Owner, his employee, or agent shall be at the auto wrecker business
address and shall have access to the vehicle storage facility, and all-vehicles
stored there, dudng normal business hours.
lq) Owner shall have a publicly listed phone which is answered at the business
address twenty-four (24) hours a day seve~ (7) days a week using the name
permitted to owner. Use of an answering service which places the police
dispatcher on hold, or answering machine, is prohibited. Use of call forwarding
off-site is only permitted if the owner or auto wrecker is on-duty for receipt of
assignments.
(h) The police dispatcher shall not be placed on hold to answer incoming calls.
Placing the police dispatcher on hold prior to obtaining all pertinent information
may subject an owner to being moved to the bottom of the rotation list at the
police chief's discretion.
(i) If an owner wishes to change the business address or phone number, that
owner must provide wdtten notice to the police chief at least five 65) days after
the phone number is changed.
SECTION 19. Section 57-240, Code of Ordinances, is revised to read as follows:
Sec. 57-240. Inspection of vehicle storage ~ facility.
Prior to the issuance of an auto wrecker rotation list permit, the chief of police or his designee
shall inspect the vehicle storage area to determine that it meets the provisions of section 57-
239 and that it is reasonably secured to protect stored vehicles against theft and vandalism.
He The inspector shall also check with the department of planning to ascertain whether the
storage area is located in a zoning district which allows auto wrecker businesses and vehicle
storage facilities.
SECTION 20. Section 57-241, Code of Ordinances, is revised to read as follows:
Sec. 57-241. Prerequisite to towing impounded or disabled vehicles.
(b) No auto wrecker shall winch, right, or tow any vehicle which exceeds the auto wrecker's
weight limitations, except in case of an emergency as determined by a certified peace officer
at the scene.
(c~) (b) ~ Rotation list ~ ......... * * .... ~ "" *~' ..........'~'~ .... '~ .....*
tow ...................... s wh ..............................
~ Impounded vehicles towed by police-initiation off the rotation list shall be
taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle storage
facility. The auto wrecker dispatched for a ,qer~x~mt .rotation list tow shall ~ the ne~
scheduled rotation wrecker, unless the owner or ddver of the vehicle to be towed reque~s the
on-scene police offi~r to send another permitted auto wrecker prior to the time the ne~
scheduled rotation wrecker is dispatched to the scene.
(d) Consent tow ' ,.; ........].~;..,. ¢... +h~ , ....
,...,.v...-; ...... '~ .v..'"' The auto wrecker dispatched for a consent tow shall be the next scheduled
rotation wrecker unless the vehicle owner or ddver:
(1) Personally calls an auto wrecker of his/her preference, or
(2) Requests the on-scene police officer to send another permitted auto wrecker~
P-prior to the time the next scheduled rotation wrecker is dispatched to the scene. A not-for-
hire wrecker belonging to the owner may be called by the owner for a consent tow.
(e) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck
plate, a Texas license plate, and a City of Corpus Christi wrecker permit decal.
(f) In a situation where safety or time dictates otherwise, the peace officer on the scene may
direct actions inconsistent with these requirements.
SECTION 21. Section 57-243, Code of Ordinances, is revised to read as follows:
Sec. 57-243. Dispatching in rotation.
(a) The police chief shall establish an equitable rotation list system of the owners holding
auto wrecker rotation list permits, where each owner is dispatched in rotation to
....... ,. ......................... a police-initiated tow. No police officer or dispatcher shall
cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the
next scheduled rotation wrecker unless:
(1) The closest wrecker is sent because:
a. An extreme emergency situation exists where a human life is at stake; or
b. An accident has blocked a traffic lane on the Harbor Bridge, Nueces Bay Causeway, JFK
Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State
Highway 358, State Highway 44~358 interchange, or the respective highway access road
intersections where traffic congestion is causing traffic to backup on those highways; or
(2) The owner or driver of a disabled or impounded vehicle wants to use another auto
wrecker than the next scheduled rotation wrecker and requests that company prior to the
next scheduled rotation wrecker being dispatched to the scene.
(b) If the owner or driver of a disabled vehicle wants to use an auto wrecker company not on
the rotation list, the owner or ddver must contact that company directly but not through the
police officer or dispatcher.
(b)-(c) No police officer shall suggest or recommend that the owner or ddver of a disabled
vehicle call any auto wrecker company other than the next scheduled rotation wrecker.
(d) However, in a situation where safety or time indicates otherwise, the peace officer on the
scene may direct actions inconsistent with these requirements.
SECTION 22. Section 57-245, Code of Ordinances, is revised to read as follows:
Sec. 57-245. Responding to calls.
~ Each owner on the rotation list shall have sufficient personnel and auto wreckers to
respond to all al!sob!ed er !m~cu.-.ded vch!clo tow assignments given by the police
dispatcher. On the scene response time shall be prompt and shall not exceed th!.'t.~,' (30)
minutes after the police dispatcher's notification of the assignment. On assiqnments to
unusual Ion.q distance tow locations, response time shall be prompt but may exceed 30
minutes if due to distance traveled, heavy traffic, or other roadway conditions.
(b) The owner, his agent or employee shall not refuse an assignment except for safety
reasons or if all owner's auto wreckers are already performing tow work. If the owner, his
agent or employee refuses an assignment, he must notify the police dispatcher of the
reason. Documentation may be required if the reason is auto wrecker equipment failure or
prior tow work.
(c) If an owner establishes a pattern of not responding due to a lack of personnel or auto
wreckers, or a pattern of untimely response to assignments, the police chief at his discretion
may revoke or suspend or place on probation an owner's auto wrecker rotation list .permit.
(d) A revocation or suspension may be appealed in the manner set out in section 57-233.
SECTION 23. Section 57-247, Code of Ordinances, is revised to read as follows:
Sec. 57-247. Notice of location of storage facility.
(a) If the owner or driver of a disabled vehicle is at the scene and capable of receiving
information, owner shall notify the owner or driver of the disabled vehicle, and give him or her
a fee schedule and a card which notifies him or her, that the disabled vehicle will be towed to
owner's vehicle storage facility unless the vehicle's owner or operator requests that the
vehicle be towed elsewhere.
(b) The card shalt contain the business's name, address, phone number, hours during which
the vehicle can be reclaimed, and a statement that there will be charges for ali services
provided.
(c) Failure to provide the card and fee schedule may result in revocation or suspension or
probation of owner's auto wrecker or rotation list permit, which may be appealed as set out in
section 57-233.
SECTION 24. Section 57-254, Code of Ordinances, is revised to read as follows:
Sec. 57-254. Maximum auto w]'ecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the ' '
towed vehicle .... *~- .... * ....... ~--'- ~ ~-'-~'~ ,,'- *'- *~- ..... ~-;,-~-, ~* ........ ;,-,,-,,~ *,- *~,,,-
,., ................... ,....~, ............... , (a) Pohce-~mt~ated non-consent rotation list tow
fees will be paid to the city at the city vehicle impound lot.
,-, .............. , ................. , (b) All other fees wdl be paid to the assig¢~ auto
wrecker company according to that company's policy.
................ ~. ........... ~ ..... (c) If a vehicle owner or operator has paid all applicable
parking fees and charges and requests the release of a vehicle after an auto wrecker has
ardved at the scene and started physically attaching the vehicle to the auto wrecker, and
before the vehicle has been towed from the location, the auto wrecker owner or driver shall
release the vehicle upon payment of a drop fee.
(4) (d) Maximum towing, storage and administrative fees.
a~ 1..~ All permitted wreckers other than rotation list Category B wreckers:
Normal rotation list non-consent tow (includes double hook up)... $50.0075.00
B. Private property impound ........................................................ $85.00
C. Drop fee ........................................................................... $50.00
2~-D. Tire change rather than use dollies:
LOne tire .................................................................... $15.00
ii.~Two tires .................................................................. $20.00
3. D. Required use of do es, go-iacks or skates ................................... $30.00
4~-E. Additional labor such as winching for removal from a ditch or water, dghting an
overturned vehicle or for similar unusual circumstances (all inclusive)... 20.00530.00
,~-F. Total maximum towing fee including the use of dollies and additional labor, but
excluding additional time at the scene and unusual distance... ~
rotation list tow ............................................................................ $135.00
pdvate property impound tow .......................................................... $145.00
.6~-G. Additional fee for each half-hour or portion thereof at the scene in excess of one-half
hour not caused by delay on the part of the permit holder... [ ..... 15.00 per 30 minutes
7. H. Unusual distance char.qe:
i. Add t ona fee for a tow originating from the area within city limits west of Callicoate
Road to US 77 .................................................................. $5.00
ii. Add t ona fee for a tow originating from US 77/IH 37 and from the area within city
limits west of US 77/IH 37 ................................................... $15.00
iii. Additional fee for a tow originating from the area within city limits east of the JFK
Causeway to Fish Pass ..................................................... $5.00
iv. Additional fee for a tow originating from the area within city limits north of Fish
Pass to Port Aransas city limits ............................................ $15.00
8~-I. Cleanup only, no tow required .................................................... $35.00
2. Category B auto wreckers:
A Normal r:,ec~serA-~ non-consent tow (includes double hookup)... ~ $200.00
B. Additional labor such as winching for removal from ditch or water, dghting an overturned
vehicle, pulling an axle or for similar unusual circumstances (all inclusive) at twer~,y-dellars
($20.00) per fifteer~15) minutes.
C. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour
not caused by delay on the part of the permit holder ..................... $ ..... 50.00 per hour
D. Working time ....................................................................... $200.00 per hour
(5) 3. Daily storage fees:
s~_torage for all or part of the first ~24) hours, and for each subsequent twenty-
four (24) hour period or part thereof:
a_A. Recovered stolen vehicles ................................................ $ 5.00
bB. Vehicles with rated capacity less than one (~ ton according to manufacturer's rating
(including but not limited to passenger cars, vans and pickup trucks with a capacity of less
than one (4) ton) .................................................................... 7.50 $15.00
Vehicles with rated capacity of one (-1-) ton or more according to manufacturer's rating...
.................................................................................................. $15.oo
(6-) z,,~,,,;,~;,,,.,,;,,~ ~,,,, ~ ......... ;,,,, $ ! 1 O0 Preservation
fee for covering broken/inoperable windows with plastic/tape, or similar actions. Can be
charged only if actually performed; per window covered charge or use of a tarpaulin for
vehicle cover; maximum .......................................................... $10.00
(7-) 5. Notification fees for: vehicle reqistration research (28's), certified letters, ne. wspaper
advertisements and preparation necessary to inform the last registered owner and lien
holder(s). Can be charged only if actually performed a~er-b~eelew ...... $32.00
~ (e) Multiple vehicles.
1. When a vehicle and trailer are both towed by one (1) auto wrecker, only one (-1-) towing
fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily loaded to
be safely towed by a single wrecker, another wrecker may be used and an additional fee
charged.
2. When more than one (-I-) vehicle is transported by one (-1-) auto wrecker, e.g., motorcycles
or parts of vehicles, only one (1) towing fee shall be paid to owner.
(10) (f) Invoices.
al. Each customer invoice shall include the owner's company name, business address and
phone number, permit number, name of the auto wrecker who performed the specific
assignment being invoiced, date and time of assignment, date and time assignment
completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an
itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees
shall be attached to each consent tow invoice.
b2. The city shall provide each owner with the basic fee schedule copies to attach to the
consent tow customer invoices. Failure to attach the fee schedule shall be grounds for
revocation or suspension of owner's ~ permit, unless the vehicle owner or agent
consents to the omission.
e3. Each owner has one (1) or more auto wreckers permitted to him under an auto wrecker
permit number. Only service provided by an auto wrecker permitted under an auto wrecker or
rotation list permit number shall be invoiced by the owner, his agent or employee to that
permit; service provided under any other aute~wec~ke¢ permit number than the permit
number under which it is billed is in violation of this ordinance and shall be grounds for
revocation of the ~ permit.
d4. Each owner shall invoice the police department for non-consent (impound) to_ws, which
s~all include an itemized statement of charges and an explanation of all charges above the
normal towing only fee.
5. The chief of police will review each invoice and either approve or reject charges for
services rendered.
SECTION 25. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City of Corpus Christi
Code of Ordinances.
SECTION 26. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance be given full force and effect for its purpose.
SECTION 27. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Chdsti.
ATTEST:
Armando Chapa
City Secretary Mayor
THE CITY OF CORPUS CHRISTI
APPROVED: This fY ~day of /~0¢P~f~-1, 2002:
James R. Bray, Jr.
City Attorney
Assistant City Attorney
That the forgoing ordinance was read for the first time and pass to its second reading on this
the eighth day of October, 2002, b f the following voe:
Samuel L. Neal, Jr. Rex A. Kinnison ~ .~
John Longoda
Jesse Noyola
Mark Scott ~'.~
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
nineteenth day of November, 2002, by the following vote:
Rex A. Kinnison
John Longoda
Jesse Noyola
Mark Scott
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
PASSED AND APPROVED, this the nineteenth day of November, 2002.
ATTEST:
^rmando Chapa
City Secretary Mayor
APPROVED: The nineteenth day of November, 2002:
James R. Bray, Jr.
City Attomey
Step~en R. Zast~
Assistant City A~omey.
State oftl?e~t~i§ "' }
County of Nueces }
PUBLISHER'S AFFIDAVIT
SS:
CITY OF CORPUS CHRISTI
Ad # 4378423
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 25TH day(s} of NOVEMBER,
2002.
$53.80
TWO (2 } Time(s)
Credit Manager
Subscribed and sworn to me on the date of
NOVEMP~R 26, 2002.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Caller-Timee, Monday, November 25, 2002~
OF ORDINANCE NO. j
025119 Ordinancel
amending the Code of
Ordinances, Article V,
Chapter 57, Vehiclesl
for Hire, by revising the
provisions regarding:
Auto Wreckers, and
providing for penalties. ~
This ordinance was I
passed and approvod ]
by the City Council of
the City of Corpus!
Chrfell on November!
19, {~02. I
/s/Armando Chape i
City Secmtary i
, City of Co, gus Chdsti ~