HomeMy WebLinkAboutOrdinance 155731
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34, ART. V,
WRECKERS, OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY ADDING A DEFINITION TO SEC
34-176; BY ADDING SECTION 34-180.1; BY AMENDING
SECTION 34-180(b); PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED B.Y THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the Code of the City, of Fort Worth (1986), as amended, is hereby
further amended by adding the following definitions to Section 34-176, which shall
be and reads as follows: ~
Drop fee shall mean the fee charged for anon-consent tow while
the towed vehicle is still on the premises from which it is being.
towed.
Police Chief shall mean the chief of police of the Fort Worth Police
Department, including designees.
SECTION 2.
That the Code of the City of Fort Worth (1986), as amended, is hereby
further amended by adding Section 34-180.1, which shall be and reads as follows
License Required, which shall be and read as follows:
34-180.1. Wrecker company required to register; application;
inspection of wrecker; insurance requirements; forms of
payment; and fees.
(a) This section applies only to non-consent tows.
(b) No wrecker company shall operate a wrecker used for non-
consenttows within the City limits without first registering with the city.
The registration shall expire on the thirty-first day of December of
each year. The registration fee shall be $50.00 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. Such registration shall contain the name,
address and telephone number of the wrecker company, the number
and types of wreckers to be operated, the true owner of the wrecker
company concerned, and a list of property locations within the city
that the wrecker company is authorized by a property owner or agent
to perform non-consent tows.
(d) The police chief shall inspect all wreckers. The inspection fee
for each wrecker is $30.00. No inspection certificate to operate a
wrecker within the city shall be issued until every wrecker proposed to
be used complies with the following minimum requirements:
(1) Provide a certificate of insurance reflecting the minimum
requirements of state law; copies of the certificate of insurance
shall be maintained by the City;
(2) Each wrecker shall not be less than 10,000 pounds gross
vehicle weight;
(3) Each wrecker shall carry as standard equipment: Tow bar,
towing lights; emergency overhead warning Lights (red or
amber color only), safety chain, fire extinguisher, A. B. C. type,
wrecking bar, broom, ax, shovel, reflectors, trash container,
backing warning signal, and wheel chocks; and
(4) Each wrecker shall have the identifying markings required by
the Texas Transportation Code, section 642.002. In addition,
each wrecker shall provide Notice of Complaint Procedures to
the owner of a towed vehicle as outlined by the Texas
Department of Transportation Rules and Regulations as
contained in 43 Texas Administrative Code, Chapter 18,
subchapter 18.89, as same may be amended from time to
time.
(5) Each wrecker company and each wrecker operator shall
accept payment in the form of cash, credit cards or debit cards.
Wrecker Ordinance Amendment
Page 2 of 6
SECTION 3.
That the Code of the City of Fort Worth (1986), as amended, is hereby
further amended by adding Section 34-180.2, which shall be and reads as follows
License Required, which shall be and read as follows:
34-180.2 Maximum distance of non-consent tows.
Non-consent towed vehicles shall not be taken to a storage facility
that is more than 20 miles from the parking facility from which the
vehicle was removed.
SECTION 4.
That the Code of the City of Fort Worth (1986), as amended, is hereby
further amended by amending Subsections (b) and (c) of Sec. 34-180, Maximum
Fees Chargeable for Non-Consent Tows, which shall be and read as follows:
(b) No wrecker or towing company shall charge more than the
rates indicated for the services rendered below, for all tows with points
of origin. within the corporate limits of the city:
(1) Towage. A maximum charge of $100.00 for towing such
vehicle from one point on a street, or on public or private property,
to another location within, or outside of, the corporate limits of the
City.
(2) Tandem axle wreckers. A charge of $180 per hourforthe use
of a tandem axle (heavy duty) wrecker. After the first half-hour,
billing shall be in increments of fifteen (15) minutes, at a rate of
$45.00 per increment. No tandem axle (heavy duty) wrecker shall
be used unless its. use may be justified as necessary to safely
accomplish the tow. Upon demand by the owner/operator of the
vehicle towed, written justification shall be provided by the wrecker
company towing said vehicle, stating the rationale and safety
requirements that mandated the use of the tandem axle wrecker.
Wrecker Ordinance Amendment
Page 3 of 6
(3) Use of a tilt bed/roll back car carrier. A .charge of up to a
maximum of $125.00 when the use of a car carrier is necessary to
accomplish the tow.. Upon demand by the owner/operator of the
vehicle towed, written justification shall be provided by the wrecker
company towing said vehicle, stating the rationale and safety
requirements that mandated the use of the tilt bed/roll back carrier.
(4) Other fees. No additional towing fees may be charged for
towing over city limits or from one county to another. No additional
towing fees shall be charged for the use of dollies or go-jacks.
(c) In the event an owner or operator of a vehicle that is about to
be towed, pursuant to anon-consent tow, but before the actual
removal of the vehicle from the property from which it is being towed,
returns to the tow location, he or she may demand immediate release
of .the vehicle by the wrecker company. Upon satisfactory proof
meeting the requirements of state law, the wrecker company shall
comply with the demand and shall be entitled to 40% of the applicable
non-consent towing fee stated herein.
SECTION 5.
That the Code of the City of Fort Worth (1986), as amended, is hereby
further amended by adding a new subsection (d) to Sec. 34-180, Maximum Fees
Chargeable for Non-Consent Tows, which shall be and read as follows:
(d) City shall review on an annual basis the compensation
provided for herein, with the first such review to be conducted during
the month of August 2003 and similar reviews shall occur in August of
each succeeding year. City shall make adjustments in the
compensation based upon increases or decreases in the cost of doing
business, taking into consideration fuel, insurance, labor, and such
other costs as may be relevant to the operation of a towing business.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if
any phrase, clause, sentence, paragraph or section of this ordinance shall be
Wrecker Ordinance Amendment
Page 4 of 6
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 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Article V, Chapter 34, or any other ordinances
affecting the subject matter hereof which 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 8.
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 five (5)
days in the official newspaper of the City of Fort Worth, Texas, as authorized by
Texas Local Government Code Section 52.013.
SECTION 9.
Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor, and each such person shall be deemed guilty of a
separate offense for each day or portion thereof, during which any violation of any
of the provisions of this ordinance is committed, continued to be permitted, and
each violation shall be punishable by a fine not to exceed Five Hundred Dollars
($500.00).
Wrecker Ordinance Amendment
Page 5 of 6
SECTION 10.
This ordinance shall take effect upon its adoption and publication by law.
APPROVED AS TO FORM AND LEGALITY:
Lam/
Assistant City Attorney
,-.
Date AdoNted: ~ ~~ bJ?
Wrecker Ordinance Amendment
Page 6 of 6
City of .F',OYt Worth, ~'exas
DATE REFERENCE NUMBER LOG NAME PAGE
5/27/03 *~C-19602 12WRECKERS 2 of 2
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 34, ARTICLE V, WRECKERS;
ADOPTION OF . AN APPROPRIATIONS ORDINANCE; .APPROVAL OF AN
INTERLOCAL AGREEMENT WITH THE GITY OF ARLINGTON, AND EMPLOYMENT
OF FINCAP, INC. TO PERFORM A STUDY TO DETERMINE RATES FOR PRIVATE
PROPERTY NON-CONSENT TOWS .
*Interim rates until a study can be performed and presented to City Council in a public hearing.
**Also provides for a labor charge of $45 per 15 minutes, after the first 30 minutes.
Rates for private property non-consent tows have not been changed since 1997. A rate study needs to
be performed in order to set rates based upon generally accepted, accounting methods as well as
generally accepted rate making ,principles. Staffs. for the Cities of Fort Worth arid~ Arlington have
discussed jointly entering into an Interlocal Agreement to share in the cost of the needed rate study.
FINCAP, Inc. is a consulting firm specializing in regulated industries and valuation of closely held
businesses. Assignments have involved electric, gas, telecommunication, and water/sewer utilities,
with clients including utilities, consumer groups, municipalities, and regulatory agencies. Fees of $250
and $175 per hour for principal and associate respectively will be charged for this employment. The
total fee will not exceed $20,000 (one-half, or $10,000, being the responsibility of Fort Worth,) without
prior City Council approval and will be dependent upon the number of wrecker .companies submitting
data upon which the study will be performed. .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
'of the General Fund. No funds were budgeted for this particular purpose; however, savings from dues
and membership will be used to offset this expenditure.
RZ: k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 481306 0904510 $ 0.00
Richard Zavala 6183 GG01 539120 0904510 $ 0.00
Originating Department Nead:
David Yett 7623 (from) APPROVED 05/27/03
GG01 539120 0905500 $10,000.00 ORD. #'S 15573 & 15574
Additional Information Contact: GG01 539120 0904510 $20,000.00
Gary Steinberger 7615