HomeMy WebLinkAboutOrdinance 23222-05-2018 ORDINANCE NO.23222-05-2018
AN ORDINANCE REPEALING AND RESTATING CHAPTER 34 "VEHICLES
FOR HIRE," ARTICLE V "WRECKERS," OF THE CODE OF THE CITY OF FORT
WORTH,TEXAS (2015),AS AMENDED,RENAMING ARTICLE V AS"TOW TRUCKS";
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect
the public's safety and welfare and promote efficiency in services requested by the City; and
WHEREAS, the City Council finds that tow truck operations involve contact with the
public under vulnerable circumstances, including persons whose vehicles may have become
wrecked or disabled at all hours of the day and night, or in remote and unfamiliar locations; and
WHEREAS, the City Council finds that procuring efficient and cost effective towing
services for law enforcement purpose tows,including vehicles seized as evidence,is necessary and
should be procured in accordance with state law; and
WHEREAS, the City Council finds that it is necessary to prevent congestion on public
roadways that might interfere with law enforcement activities or emergency services and may
present a danger to the public and first responders; and
WHEREAS,the City Council finds that maximizing flexibility in the ordinance to account
for technological advances and modernization of the towing industry, including dispatch and
reporting and record keeping, will allow for the procurement of tow services that are efficient,
promote safety, and ensure great customer service for the citizens of Fort Worth; and
WHEREAS, the City Council finds that it is necessary for the public's safety and welfare
to enact Divisions II and IV of the restated ordinance to provide the minimum requirements for
towing companies and vehicle storage facility operators that engage in nonconsent towing and
related services within the City; and
WHEREAS,pursuant to Texas Local Government Code Chapter 51,the City Council has
the general authority to adopt and publish an ordinance or police regulation that is for the good of
the government, peace or order of the municipality, and is necessary or proper for the carrying out
of a power granted by law to the municipality; and
WHEREAS,pursuant to Texas Occupations Code Chapter 2308, the City Council has the
authority to adopt and publish an ordinance that addresses nonconsent tows and related services;
and
ARTICLE V: TOW TRUCKS Page 1 of 14
WHEREAS, it is advisable to repeal and restate Chapter 34 Article V of the Fort Worth
Code of Ordinances to allow the City to seek the most efficient and advanced methods of tow
services in order to safeguard citizens,the City, and tow providers and promote efficiencies within
the City; and
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
SECTION 1.
Chapter 34 "Vehicles for Hire," Article V "Wreckers" of The Code of the City of Fort
Worth, Texas (2015), is repealed and restated read as follows:
ARTICLE V: TOW TRUCKS
DIVISION I—GENERALLY
§ 34-176 PREAMBLE.
It is the policy of the City of Fort Worth to ensure its ability to efficiently procure towing and tow-related
services as it relates to the removal of wrecked, disabled and illegally parked vehicles from public streets
and other public property. In adopting Chapter 34,Article V, Division III,the City is ensuring that towing
performed in connection with a City contract is administered in an efficient manner that helps protect the
public's health and safety.
Nothing in this Ordinance provides for the establishment of maximum rates for non-consent private
property tows. However, to protect the public's safety and welfare, the City has adopted Divisions II and
IV of this Article to provide the minimum requirements with which nonconsent towing companies in the
City of Fort Worth must comply. Unless specifically provided for otherwise herein, this Ordinance does
not regulate consent tows, as defined herein.
§ 34-177 DEFINITIONS.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section or as they may otherwise be defined under state law
governing the towing and storage of vehicles,including but not limited to Chapters 2303 and 2308 of the
Texas Occupations Code, as they may be amended from time to time.
ACCIDENT. Any occurrence which renders a Vehicle Wrecked or Disabled as defined in this
section.
CONSENT TOW. Any tow of a motor Vehicle in which the Tow Truck is summoned by the owner
or operator of the Vehicle or by a person who has possession, custody, or a legal right to control
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the Vehicle, including tows for the repossession of Vehicles. The term does not include a Law
Enforcement Purpose Tow, an Incident Management Tow, or a Private Property Tow.
DISABLED. That status of any Vehicle which has been rendered unsafe to be driven upon a Public
Roadway as the result of some occurrence other than a wreck, including, but not limited to,
mechanical failures or breakdowns, fire, or the elements or vandalism, so as to reasonably
necessitate that such Vehicle be removed by a Tow Truck.
DROP FEE. The fee charged for a Private Property Tow while the towed Vehicle is still on the
premises from which it is being towed.
HAZARDOUS MATERIAL.
(a) Any substance classified as a hazardous material under state law or federal law or under
a rule adopted pursuant to state or federal law; or
(b) A chemical,petroleum product,gas or other substance that,if discharged or released,will
or is likely to create an imminent danger to individuals, property or the environment.
INCIDENT. A traffic event that adversely affects normal traffic operations.
INCIDENT MANAGEMENT TOW. Any tow of a Vehicle in which the Tow Truck is summoned
to the scene of an Accident or to an Incident, including the removal of a Vehicle, commercial
cargo, and debris from an Accident or an Incident.
LAW ENFORCEMENT PURPOSE TOW. Any tow of a Vehicle, commercial cargo, or debris in
which the Tow Truck is summoned at the request of the Police Department to remove a Vehicle,
commercial cargo, or debris for a law enforcement purpose, as determined by the Police
Department. This term includes tows authorized under Chapter 545 of the Texas Transportation
Code. The term also includes an Incident Management Tow, other than a driver-designated tow
under this article that results from an Accident or Incident to which a police officer was dispatched
and was present at the scene for any amount of time and for which a tow was requested.
NONCONSENT TOW. Any tow of a motor Vehicle that is not a Consent Tow, including:
(a) A Law Enforcement Purpose Tow;
(b) A Private Property Tow; and
(c) An Incident Management Tow.
OPERATE. To drive or to be in physical control of a Tow Truck.
PARKING FACILITY. Public or private property used, wholly or partly, for restricted or paid
Vehicle parking. The term includes:
(a) a restricted space on a portion of an otherwise unrestricted Parking Facility; and
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(b) a commercial parking lot, a parking garage, and a parking area serving or adjacent
to a business, church, school, home that charges a fee for parking, apartment complex,
property governed by a property owners' association, or government owned property
leased to a private person, including:
(1) a portion of the right-of-way of a Public Roadway that is leased by a
governmental entity to the Parking Facility owner; and
(2) the area between the facility's property line abutting a county or municipal
Public Roadway and the center line of the roadway's drainage way or the curb of
the roadway, whichever is farther from the facility's property line.
POLICE CHIEF. The Chief of Police of the Fort Worth Police Department and any designees.
POLICE DEPARTMENT. The Fort Worth Police Department and any designees.
PRIVATE PROPERTY TOW. Any tow of a motor Vehicle authorized by a Parking Facility owner
without the consent of the owner or operator of the Vehicle.
PUBLIC ROADWAY. A public street, alley, road, right-of-way, or other public way, including
paved and unpaved portions of the right-of-way.
TOW TRUCK. A motor Vehicle, including a wrecker, equipped with a mechanical device used to
tow, winch, or otherwise move another motor Vehicle. The term does not include:
(a) A motor Vehicle owned and operated by a governmental entity, including a public
school district;
(b) A motor Vehicle towing:
1. A race car;
2. A motor Vehicle for exhibition; or
3. An antique motor Vehicle
(c) A recreational Vehicle towing another Vehicle;
(d) A motor Vehicle used in combination with a tow bar,tow dolly,or other mechanical
device if the Vehicle is not operated in the furtherance of a commercial enterprise;
(e) A motor Vehicle that is controlled or operated by a farmer or rancher and used for
towing a farm Vehicle;
(f) A motor Vehicle that:
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(1) Is owned or operated by an entity the primary business of which is the
rental of motor Vehicles; and
(2) Only tows Vehicles rented by the entity;
(g) A truck-trailer combination that is owned or operated by a dealer licensed under
Chapter 2301 of the Texas Occupations Code and used to transport new Vehicles during the normal
course of a documented transaction in which the dealer is a party and ownership or the right of
possession of the transported Vehicle is conveyed or transferred; or
(h) A car hauler that is used solely to transport, other than in a Consent or Nonconsent
Tow, motor Vehicles as cargo in the course of a prearranged shipping transaction or for use in
mining, drilling, or construction operations.
TOW TRUCK BUSINESS. The business of towing, moving or removing Vehicles through the
use of a Tow Truck for a commercial purpose.
TOWING COMPANY. An individual,association,corporation,or other legal entity that controls,
operates, or directs the operation of one or more Tow Trucks over a Public Roadway in this state
but does not include a political subdivision of this state.
TILT BED/ROLL BACK CAR CARRIER. A motor Vehicle designed and equipped as to be
capable of lifting another Vehicle upon itself for the purpose of transporting a motor Vehicle that
cannot be safely transported by a Tow Truck.
VEHICLE. A device in, on, or by which a person or property may be transported on a Public
Roadway. The term includes an operable or inoperable automobile,truck,motorcycle,recreational
Vehicle, or trailer but does not include a device moved by human power or used exclusively on a
stationary rail or track.
VEHICLE OWNER. A person:
(a) Named as the purchaser or transferee in the certificate of title issued for the Vehicle
under Chapter 501, Transportation Code, or Chapter 31, Parks and Wildlife Code, as applicable;
(b) In whose name the Vehicle is titled under Chapter 502, Transportation Code, or
Chapter 31,Parks and Wildlife Code,as applicable,or a member of the person's immediate family;
(c) Who holds the Vehicle through a lease agreement;
(d) Who is an unrecorded lienholder entitled to possess the Vehicle under the terms of a
chattel mortgage; or
(e) Who is a lienholder holding an affidavit of repossession and entitled to repossess
the Vehicle.
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VEHICLE STORAGE FACILITY. A garage, parking lot, or other facility that is owned by a
person other than a governmental entity, located within the corporate limits of the City of Fort
Worth, and used to store at least ten Vehicles each year and is operated by a person who holds a
license issued pursuant to Chapter 2303 of the Texas Occupations Code.
WRECKED. The status of any Vehicle that has been damaged as the result of overturning or
colliding with another Vehicle or object so as to reasonably necessitate that such Vehicle be
removed by a Tow Truck.
§ 34-178 ACCIDENTS COVERED.
(a) The prohibitions and requirements of this article shall also apply to all Accidents
and Incidents occurring on a Public Roadway, regardless of whether or not the final resting place
of a Vehicle is upon a Public Roadway immediately after the Accident or Incident.
(b) This section shall be construed to include those Accidents or Incidents in which a
Vehicle, immediately before becoming Wrecked or Disabled, was:
(1) Driven off a Public Roadway intentionally or unintentionally, because of
some real or perceived emergency;
(2) Driven off a Public Roadway maliciously, or with an intent to commit
suicide; or
(3) Driven, pushed or forced off a Public Roadway and the Vehicle Owner or
the driver of the Vehicle is not present.
§ 34-179 ADMINISTRATION.
The Police Chief shall administer and enforce this article. The City may enter into a contract to
delegate authority to administer all or part of this article to a third-party vendor,other than: 1) any
authority related to § 34-195 or 2) the right to choose which Towing Companies will perform
towing services for the City. Selection of a vendor shall be done in accordance with the laws of
the State of Texas. If the City enters into such a contract, the contract shall specify the authority
and responsibilities of the third-party vendor or Towing Companies. Any responsibilities outlined
in this article that are not delegated to the third-party vendor or the Towing Companies through
the contract are retained by the Police Chief.
§ 34-180 RIGHT TO A HEARING.
If a Vehicle has been removed and placed in a Vehicle Storage Facility without the consent of the
Vehicle Owner or operator,the Vehicle Owner or operator may request a hearing pursuant to Texas
Occupations Code Chapter 2308,to determine whether probable cause existed for the removal and
storage of the Vehicle. All notices must be served on the City of Fort Worth Police Department,
Care of the Fort Worth City Secretary, 200 Texas Street, Fort Worth, Texas 76102.
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DIVISION II. NONCONSENT TOW COMPANY REQUIREMENTS
§34-181 APPLICABILITY OF DIVISION II.
Division II shall apply to all Towing Companies or any person or entity engaged in the Tow Truck
Business that performs Nonconsent Tows within the City of Fort Worth, including any Towing
Company, or any person or entity that performs Law Enforcement Purpose Tows for the City.
§34-182 TOWING COMPANY REQUIRED TO REGISTER; AND INSPECTION FOR
COMPLIANCE WITH ALL APPLICABLE STATE LAWS, RULES,AND
REGULATIONS.
(a) This section applies only to Towing Companies that perform Nonconsent Tows in
the City of Fort Worth.
(b) No Towing Company shall operate a Tow Truck used for Nonconsent Tows within
the city limits without first registering with the City. The registration shall expire on September
30th of each year. The registration fee shall be $50 per year.
(c) Each registration shall be made in person at the office of the Police Chief or at such
other location that may be designated on a form to be provided by the Police Department. Such
registration shall contain the name, address and telephone number of the Towing Company, the
number and types of Tow Trucks to be operated, the true owner of the Towing Company
concerned, and a list of property locations within the City that the Towing Company is authorized
by a property owner or agent to perform Nonconsent Tows.
(d) The Police Chief shall inspect all Tow Trucks to ensure compliance with all
applicable state laws, rules and regulations. The inspection fee for each Tow Truck is $30. No
inspection certificate to operate a Tow Truck within the City shall be issued to a Towing Company
until every Tow Truck proposed to be used by that Towing Company complies with at least the
minimum requirements set by applicable state laws, rules and regulations.
§ 34-183 MAXIMUM DISTANCE OF NONCONSENT TOWS.
Nonconsent towed Vehicles must be taken to a Vehicle Storage Facility that is:
(a) Within the corporate limits of the City of Fort Worth, and
(b) No more than 20 miles from the location from which the Vehicle was removed.
§ 34-184 REPORTS REQUIRED.
(a) Each Towing Company performing Nonconsent Tows of Vehicles within the City,
will provide a weekly written report to the Police Department of all Vehicles towed as a
Nonconsent Tow from any Public Roadway or Parking Facility, during the previous one-week
period, which shall include the following information:
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(1) Make, model and color of the Vehicle towed;
(2) License number and/or V.I.N. of the Vehicle;
(3) Location of the origin of the pull;
(4) Location of the destination of the pull;
(5) The date and time the pull was made; and
(6) The name, address and phone number of the party requesting the service.
(b) In addition to providing a weekly written report, each Towing Company towing
Vehicles within the City will provide the same information telephonically or electronically to the
Police Department immediately upon leaving the scene of any Nonconsent Tow. Under no
circumstances shall notification exceed 45 minutes from the time the Tow Truck leaves the scene
of any Nonconsent Tow originating within the City.
(c) Written reports shall be provided electronically in the manner designated by the
Police Chief. Telephonic notification shall be provided to the telephone number designated by the
Police Chief. Information on where and how to submit electronically or telephonically shall be
published on the Police Department's website and shall be provided to each Towing Company at
the time the Towing Company completes its annual registration.
§ 34-185 REMOVAL OF DEBRIS FROM ACCIDENT SCENE.
Each Towing Company called to an Accident or Incident, that provides a towing service, shall
completely remove all resulting wreckage and debris from the Public Roadway before departing
from the Accident or Incident site. Removal of wreckage will not be considered completed by
merely sweeping debris to the curbline. All such wreckage shall be removed from the Accident
or Incident site completely.
§ 34-186 PROHIBITED AT SCENE UNLESS CALLED.
No person shall drive a Tow Truck to or near the site of an Accident or Incident within the City
unless such person has been called to the site by the owner or operator of the Vehicle, by his or
her authorized representative,or by the Police Department.A Towing Company whose assistance
has been requested by the owner of a Disabled or Wrecked Vehicle, shall notify the Police
Department electronically or telephonically, in the same manner in which required reports are
made pursuant to this article,of his or her intention to be present on the scene,prior to proceeding
to the site of the Disabled or Wrecked Vehicle.
§ 34-187 SOLICITATION.
(a) No person shall solicit in any manner directly or indirectly,on the Public Roadways
of the City, at or near an Accident or Incident site within the City,any business regarding Wrecked
or Disabled Vehicles regardless of whether the solicitation is for the purpose of removing,
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repairing, wrecking,storing, trading or purchasing such Vehicle.
(b) The presence of any person engaged in the Tow Truck Business or other businesses
for which solicitation is hereby prohibited, either as owner, operator, employee or agent on any
Public Roadway at or near the site of an Accident or Incident within one hour after the happening
of such Accident or Incident shall be prima facie evidence of a solicitation in violation of this
section.
§ 34-188 TOWING VEHICLES CONTAINING HAZARDOUS MATERIALS, AND
NOTIFICATION.
(a) Towing Company must be in compliance with all applicable Federal and State
laws, rules, and regulations regarding the transportation of hazardous materials in order to tow a
vehicle which contains or is reasonably believed to contain hazardous materials.
(b) In the event a Towing Company seeks to tow a motor Vehicle or trailer containing,
or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to
be leaking, the Towing Company shall immediately advise the Fort Worth Fire Department of the
leakage. The motor Vehicle or trailer will not be moved until inspected by the Fire Department.
The Fire Department will be the sole authority in determining the appropriate precautions to be
taken prior to authorizing the motor Vehicle or trailer to be moved by the Towing Company.
DIVISION III. LAW ENFORCEMENT PURPOSE TOWS
§ 34-189 APPLICABILITY OF DIVISION IH.
Division III shall apply to all Towing Companies or any person or entity that manages or performs
Law Enforcement Purpose Tows for the City. Any entity contracted with the City under this
Division must comply with Division 11 and Division III of this Article.
§ 34-190 CONTRACTED SERVICES.
Management and execution of all Law Enforcement Purpose Tows and related storage at Vehicle
Storage Facilities shall be undertaken pursuant to one or more contracts, subcontracts, or both.
Contracted services with the City must be procured in accordance with applicable state law. The
City enters into these contracts as a market participant to facilitate the efficient procurement of
needed services and to promote safety and efficiency.
§34-191 FEES FOR CONTRACTED SERVICES.
All fees for contracted services shall be established by contract including the maximum rates, fees,
and costs.
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§ 34-192 PROHIBITED CHARGES FOR LAW ENFORCEMENT PURPOSE TOWS.
No entity may charge or attempt to charge a fee related to a Law Enforcement Purpose Tow, or a
fee related to storage of a towed Vehicle at Vehicle Storage Facilities under this Division that is:
(a) In excess of the fee established by contract;
(b) For a service not performed or equipment not used; or
(c) Not authorized by the laws of the State of Texas or authorized by City ordinance.
§ 34-193 DRIVER DESIGNATION
(a) This section shall apply to a tow from an Accident or Incident at which the driver
or owner of the Vehicle is physically present.
(1) A police officer at an Accident or Incident who determines that a Vehicle
needs to be towed from the scene shall:
(A) Allow the driver of the Vehicle to designate a Towing Company,
automotive repair shop, automobile club, or automobile dealer to remove
the Vehicle;
(B) Inform the driver that towing fees for driver-designated towing
companies are not regulated by the City and that the responding company
is required by state law and by ordinance to hold an Incident Management
Tow license; and
(C) Assist, if requested, the driver in contacting the entity designated
under this subsection.
(2) If the driver does not make an election under subsection (a)(1) of this
section for any reason the Police Officer at an Accident or Incident scene shall inform
the driver of the Vehicle that a Towing Company contracted to perform towing services
for the City will be contacted to remove the Vehicle.
(3) The Police Officer at an Accident or Incident scene shall attempt to obtain an
affirmative election from the Vehicle driver under this section. Failure to make an
affirmative election shall be deemed an election to use a contracted Towing Company under
subsection (a)(2) of this section.
(4) An entity towing a Vehicle under subsection (a)(1) must be authorized in
accordance with state law to perform Incident Management Tows. Towing a Vehicle
without such authorization shall constitute a violation of this article. Each tow performed
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without authorization is a separate violation.
(5) The requirements of this provision allowing for driver designation do not
apply if the vehicle:
(A) is operated by a person an officer arrests for an alleged offense and
the officer is required by law to take the person into custody; or
(B) is, in the opinion of the officer, a hazard, interferes with a normal
function of a governmental agency,or because of a catastrophe, emergency,
or unusual circumstance is imperiled. A hazard may include, but is not
limited to, a Wrecked or Disabled Vehicle that is blocking a lane of traffic
or otherwise impeding traffic on a Public Roadway.
(b) A driver designation of a Towing Company in accordance with subsections (a)(1) and
(a)(4) of this provision is not considered a Law Enforcement Purpose Tow.
(c) A tow under subsection (a)(2) (driver does not make designation) or (a)(5) (driver
designation is not available)is considered a Law Enforcement Purpose Tow and is subject
to the requirements of this division and applicable City towing contracts.
DIVISION IV—COMPLIANCE WITH STATE REQUIREMENTS
34-194 COMPLIANCE WITH STATE LAWS AND REGULATIONS REQUIRED
(a) All individuals and entities engaged in the Tow Truck Business within the City of
Fort Worth shall at all times comply with all laws, rules, and regulations pertaining to towing
operations, insurance requirements, and minimum safety standards as adopted and amended from
time to time by the State of Texas, regarding the operation of Tow Trucks for Nonconsent Tows.
This requirement shall include but is not limited to Texas laws, rules, and regulations related to
private-property tows, drop fees and procedures, and Parking Facility signage requirements.
(b) All Vehicle Storage Facilities shall at all times comply with all laws, rules, and
regulations, as adopted and amended from time to time by the State of Texas,pertaining to Vehicle
storage operations when receiving Vehicles in connection with non- consent tows. This
requirement shall include but is not limited to Texas laws, rules, and regulations related to fees,
sign requirements, notice requirements, reporting requirements, and access requirements.
(c) Nothing in this article shall be construed to eliminate or reduce any requirement
under the laws, rules, and regulations of the State of Texas that apply to an individual or entity
engaged in the Tow Truck Business or to a Vehicle Storage Facility.
(d) An individual or entity engaged in the Tow Truck Business that violates a state law,
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rule, or regulation or a provision of this Article related to nonconsent towing commits a violation
under this article.
(e) The owner or operator of a Vehicle Storage Facility that is in violation of a state
law, rule, or regulation or a provision of this Article related to the operation of a Vehicle Storage
Facility commits a violation under this article.
(f) The purpose of this section is solely to allow the City to enforce the laws,rules,and
regulations of the State of Texas to ensure the safety of its citizens. This section is not regulatory
in nature. It does not and is not intended to impose any additional regulatory requirements on an
individual or entity engaged in the Tow Truck Business.
DIVISION V–ENFORCEMENT
§ 34-195 VIOLATION OF ORDINANCE AND FINES.
A violation of any provision of this ordinance shall be punishable by a fine not to exceed$500.
§ 34-196 DEFENSE EMERGENCY SITUATIONS
It shall be an affirmative defense to noncompliance with this article that the person in question
reasonably believed that he necessarily must act immediately to prevent death or bodily injury to
any person involved in an Incident or Accident.
§34-197 DEFENSE PUSHING OR TOWING WITHOUT TOW TRUCKS.
It shall be an affirmative defense to a violation under this article that a person pushed or towed a
Vehicle with a Vehicle other than a Tow Truck if the person can demonstrate that such pushing
or towing was done in a safe manner, and did not reasonably require use of a Tow Truck.
§§ 34-198-34-199 RESERVED.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code,in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
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SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,clauses,sentences,
paragraphs and sections of this ordinance are severable,and,if any phrase,clause,sentence,paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,
clauses,sentences,paragraphs and sections of this ordinance,since the same would have been enacted
by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence,paragraph or section.
SECTION 4.
All rights and remedies of the City of Fort Worth,Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City,that have accrued at the time of the effective date of this ordinance;and,as to such accrued
violations and all pending litigation,both civil and criminal,whether pending in court or not,under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 5.
All violations of Chapter 34 Article V, of the Fort Worth City Code, except violations of
shall be punishable by a fine not to exceed five hundred dollars($500.00)for each violation. Each
day a violation occurs or continues to occur is a separate violation.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
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newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law,and it is
so ordained.
APPROVED AS TO FORM ATTEST:
AND LEGALITY;
J Ann to Niary 4. Ka ser
Assistant City Attorney I City Secretary
ADOPTED: May 15,2018
EFFECTIVE: &��j 1� 19
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/15/2018 .-Ordinance No.-23222-05-2018
DATE: Tuesday, May 15, 2018 REFERENCE NO.: G-19285
LOG NAME: 35TOW TRUCKS ORDINANCE
SUBJECT:
Adopt Ordinance Repealing and Restating Chapter 34, Article V, "Wreckers" of the Code of the City of Fort
Worth to Rename the Article as "Tow Trucks," Update the Ordinance to Conform to State Law and Provide
Flexibility to Account for Advances and Changes in the Provision of Towing Services (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 34,
Article V, "Wreckers" of the Code of the City of Fort Worth to rename the article as "Tow Trucks,"to
update the ordinance to conform to changes in state law, and provide flexibility to account for advances
and changes in the provision of towing services.
DISCUSSION:
The Fort Worth Police Department(FWPD) is seeking approval of this M&C so that it can modernize its
current towing policies, procedures, and methods in order better ensure public safety, maximize
efficiencies in the City, and enhance customer service.
The current wrecker ordinance has been largely unchanged since 1997 (M&C G-11823; Ordinance
12924), although minor changes have been made as recently as 2005 (M&C G-14972; Ordinance 16664-
10-2005). Towing and related services are regulated by several state and federal statutes, including
Chapters 2303 and 2308 of the Texas Occupations Code. There have been many changes to applicable
state laws since 1997 which are not reflected in the current ordinance. The current ordinance also reflects
the best practices at the time it was written, many of which have changed in recent decades. FWPD
became aware of many advancements in tow management that would provide for better customer service,
increase efficiency within the department, and make the provision of police-initiated towing services safer
in the City; however, the City's wrecker ordinance, as it is currently written, does not allow for the flexibility
to encompass many of the advances and changes in the towing industry. Accordingly, FWPD has worked
to revise the ordinance to allow for maximum flexibility so that the City can ensure the public's safety while
improving customer service and efficiency. Meetings have been held to review the proposed ordinance
with the current contracted wrecker companies, FWPD staff, and the City Law Department for more than
two months.
FWPD is in the last renewal year of its wrecker contracts, which expire on September 30, 2018, with no
further options to renew. Continued police-initiated towing services will require a Request for Proposals
(RFP). The RFP will follow a timeline that will meet the City's needs and ideally allow for implementation of
the selected proposal(s) beginning on October 1, 2018. The scope will include the City's goals for
introducing a more efficient system utilizing modern technology to better serve citizens and increase
efficiencies. In order to achieve these goals and promote competition to ensure the lowest cost with the
best service, staff is recommending these changes to the current wrecker ordinance so that the City may
consider a wide variety of service models.
Logname: 35TOW TRUCKS ORDINANCE Page 1 of 2
Staff proposes to repeal and restate Chapter 34, Article V, "Wreckers" of the City Code to, among other
things:
. Update City policies and procedures to promote public safety, efficiency, and increase customer
service
. Make changes to conform to state law;
. Rename the Article as "Tow Trucks";
. Define necessary terms; and
. Provide flexibility to account for advances and changes in the provision of towing services.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
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CERTIFICATIONS:
Submitted for City Manager's Office tr. Jay Chapa (5804)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Kristina Ashton (4224)
Logname: 35TOW TRUCKS ORDINANCE Page 2 of 2