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ORDINANCE NO ~~
AN ORDLNANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH. (1986), AS AMENDED, $Y REPEALING
ARTICLE V, WRECKERS, OF CHAPTER 34, VEHICLES FOR
HIRE, AND .FURTHER AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE ADOPTION
OF A .NEW ARTICLE V, WRECKERS, OF CHAPTER 34,
VEHICLES FOR HIRE, 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 BY 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 the repeal of Article. V, Wreckers, of Chapter 34, Vehicles for Hire
.SECTION 2.
That the Code of the- City of Fort Worth (1986), as amended, is hereby further
amended by the adoption of a new Article V, Wreckers, of Chapter 34, Vehicles for
Hire, which shall be, and read, as follows..
ARTICLE V. WRECKERS
Sec. 34-1.76. Definitions.
For the purposes of this .article, the following words and phrases shall have
the meanings respectively ascribed to them by.this section
Accident shall .mean any occurrence which renders a vehicle wrecked or
disabled as defined in this section.
Disabled shall. mean that status. ~of any vehicle which has been rendered
unsafe to be driven upon the streets as the result of some occurrence other than a
wreck, including, but not limited to, mechanical failures or breakdowns, fire, the
elements or vandalism, so as to reasonably .necessitate that such vehicle be
removed by a wrecker
Hazardous material shall mean
(1) .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,
(2) 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.
Motor vehicle shall mean every vehicle which is self-.propelled
Non-consent tow shall mean any tow conducted without the permission. of,
or not at the direction of, the vehicle's legal~.or registered owner, or such owner's
authorized representative, regardless of the vehicle's location or condition
Police pull shall mean the designation of the occasion when the police
department has called a wrecker .company to either remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving condition, but the owner is not
present, able or permitted to drive or to make authorizations
Referral Tow shall mean any tow conducted with the permission, and at the
request of an owner or operator of a motor vehicle, made to a police officer, in which
the tow is accomplished by a wrecker company:referred-from. the Fort Worth Police
Department Public Service Referral Towing Rotation Listing as a public service
Street shall -mean any street, alley, avenue, lane, public place, square or
highway within, the corporate limits of the City
Tilt Bed/ Roll Back Car Carrier shall mean 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 wrecker
Vehicle shall mean every device in, upon or by which any person or property
is or may be transported. or drawn upon a street, except devices moved by human
power or used exclusively upon stationary rails or tracks
Wrecked shall ,mean 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 wrecker
Wrecker shall mean any motor vehicle designed and used primarily for
removing wrecked or disabled vehicles upon any street.
Wrecker business shall mean the. business- of removing. wrecked or
disabled vehicles on the streets from the site of an accident, regardless of whether
the purpose of the removal ;is to repair, wreck, store, trade or purchase such
wrecked or disabled vehicles
Wrecker company shall mean any person engaged in the wrecker business.
Sec. 34-177. Accidents covered.
The prohibitions and requirements of this article shall also apply to all
accidents occurring on a street, regardless of .whether or not the final resting place
of a vehicle is upon.a street immediately after the accident. This section shall be
construed to include -those accidents. in which a vehicle, immediately before
becoming wrecked or disabled, was
(a) driven off a street intentionally or unintentionally, because of some
real or perceived emergency;
(b) driven-off a street maliciously, or with an intent to commit suicide, or,
(c) driven, pushed or forced off a street driverless
Sec. 34-178. Emergency situations exempted.
The prohibitions and requirements. of this article shall not apply to any person
who necessarily must act immediately to prevent death or bodily injury to any person
involved in an accident. The assertion of a defense of an emergency situation shall
constitute an affirmative defense to a violation cited under this Ordinance
Sec. 34-179. Pushing, towing by vehicles other than wreckers.
Vehicles maybe pushed or towed by another vehicle only when they do not
reasonably require removal by a wrecker and only when such may be done in a safe
manner, and such removal is excluded .from all coverage of this article except
section 34=185 concerning solicitation.
Sec. 34-180 Maximum Fees Chargeable for Non-Consent Tows.
(a) In order to provide for consistency and fairness of fees charged for
towing services involving the towing of motor vehicles without the prior consent or
authorization of the owner or operator of the motor vehicle towed, the following fee
structure of maximum permissible charges is established
(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 sixty-five dollars ($65 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 one hundred twenty-five
dollars ($1;25 00) per hour for the-use of a tandem axle (heavy
duty) wrecker After the frst hour, billing shall be in increments
of fifteen (1.5) minutes, at a rate of thirty-one dollars and
twenty-five cents. ($3:1.:25) per increment. No heavy duty
(tandem axle) 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
which mandated the use of the tandem axle wrecker
(3) Use of a Tilt .Bed/.Roll' Back Car Carrier A charge up to a
maximum of eighty-five dollars ($85 00) when -the use of a car
carrier is necessary .for towing any such vehicle
(c) In the event an owner or operator of a vehicle which is about to be
towed, pursuant to a .non-consent police-initiated 4ow, but .prior to actual removal of
the vehicle from the site, returns to the tow location, he or she may demand
immediate release of their vehicle by the wrecker company The wrecker company
shall comply with this .demand at no cost to the owner or operator of the vehicle In
such a case., the responding. wrecker company shall be returned to its original place
on the top of the list. for contracted. tows from the wrecker zone from which it was
called
Sec. 34-181. Contracted Police Pulls.
All police department-initiated, non-consent tows, shall be undertaken
pursuant to contract, specifically executed between the City, and the wrecker or
towing company or companies, so designated in that contract. All such related
services and fees shall be established as a provision of the contract(s) for services
Sec.. 34-182. Weekly Reports.
(a) Each wrecker company towing vehicles from within the City of Fort
Worth, will provide a weekly written report to the Police Department, of all vehicles
towed as non-consent or referral tows from any public roadway or public or private
parking lot, during the previous one-week period, which shall- include the following
information.
(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
(6) The name, address, and phone number of the party requesting
the service
(b) In addition to providing a weekly written report, each wrecker company
towing vehicles from within the City of Fort Worth will .provide the same information
telephonically to the Fort. Worth Police Department Records Division, DECOR
Section, immediately upon leaving the scene of any non-consent tow Under
no circumstances shall notification exceed forty-five (45) minutes from the time the
wrecker operator leaves the scene of any non-consent tow originating within the
City of Fort Worth.
Sec. 34-183. Removal of debris from accident scene.
Each wrecker company called to the site of an accident, that provides a
towing service, shall completely remove all resulting wreckage from the City street
or throughway before departing from the site Removal of wreckage will not be
considered complete by merely sweeping debris-to the curbline All such wreckage
shall be removed from the accident site completely
Sec. 34-184. Prohibited at scene unless called.
No person shall drive a wrecker to or near the site of an accident 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
wrecker operator, whose assistance. has been requested by the owner of a disabled
vehicle, shall notify the police communications center of his or her intention to be
present on the scene, prior to proceeding to the. site of the disabled vehicle
Sec. 34-185. Solicitation.
(a) No person shall solicit in any manner directly or indirectly, on the streets
of the City, at or near the site of an accident within the City, any business regarding
wrecked or disabled vehicles regardless of whether the solicitation is for the purpose
of removing, repairing, wrecking., storing, trading or purchasing such vehicle.
(b) The presence of any:person engaged in the wrecker.business or other
businesses for which solicitation is hereby prohibited, either as owner, operator,
employee or agent on any street at or near the site of an accident within one (1)
hour after the happening. of such accident shall be prima facie evidence of a
solicitation in violation of this section.
Sec. 34-186. Towing Vehicles Containing Hazardous Materials, and
Notification.
(a) No wrecker or towing company seeking #o tow a vehicle which contains,
or is reasonably believed to contain, hazardous materials may accomplish the tow
unless, pursuant to 49 U S C §§1.801;. 5107 - 5109, 5125, 49 C F R. 387, Tex.
Trans. Code §§ 522.003(1.9), 522.041- 522.043, and all other applicable federal and
state law,
(1) the wrecker is registered to transport hazardous
materials, and.,
(2) the wrecker has been issued pertinent permits to
transport same, and,
(3) the driver of the wrecker is licensed to transport
hazardous materials
(b) In the event a wrecker or 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 wrecker or 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 wrecker company
Sec. 34-187.. The Public Service Referral Towing Rotation Listing.
(a) In the interests of public safety, the chief of police :is hereby empowered
to develop and maintain a Public Service Referral Towing :Rotation Listing of all
wrecker or towing companies who desire to be on the list, and who have a current
contract for towing services with the City The purpose of the listing will be to
provide, through a .referral roster, .access to wrecker service by members of the
public upon request,. consistent with the criteria established by this section
(b) Such a service will be provided only when a citizen request for a tow is
made, and it is directed to the police department for referral The final designation
and acceptance of .the. wrecker or towing company that provides the wrecker service
will rest with the citizen requesting the tow A citizen is not required to use- a
wrecker company from the Public Service Referral Towing Rotation Listing; citizens
may request wrecker companies which do not appear on the referral isting
However, the citizen requesting the tow will be fully responsible for any fees incurred
by, and associated with the tow. The City will. neither warrant nbr guaranty,.. nor
assume. any liability for the quality of service,. or the costs of any Public Service
Referral. Tow
(c) Wrecker or towing companies seeking to be placed on the Public Service
Referral Towing Rotation-Listing must demonstrate compliance with all statutory
licensing, safety, and financial responsibility requirements upon demand by the chief
of police or his designee.
(d) In order to expedite the clearing of accident scenes or obstructions
caused by disabled vehicles, and in the interests of .assisting stranded motorists,
wrecker or towing :companies desiring to .be on .the listing must be capable of
responding to the accident or disabled vehicle location within thirty (30) minutes of
receipt of the call requesting their service by the police department.
(e) The Public Service Referral Towing Rotation Listing shall consist of a
roster of interested: wrecker or towing companies, identified by .name, and arranged
in alphabetical order A referral shall be made, upon the citizen's request, by the
police department calling .the wrecker company first to appear in alphabetical order
Successive referrals will be made by first exhausting the alphabetical roster in its
entirety, and then returning to the alphabetical: beginning of the roster to continue
sequential, alphabetical referrals The criteria used for any "pass-overs" or non-
selection of wrecker companies appearing, in alphabetical succession shall be based
only on the following situations
(1) a citizen's request not to use the wrecker company identified
on the rotation. listing,
(2) a request fora .pass-over made by a wrecker company itself
at the- time it is called by the police department;.
(3) a statement made to the police department by the wrecker
company .identified that it cannot dispatch a wrecker to the
location requested within thirty (30) minutes,
(4) a statement made to the police department by the wrecker
company identified. that it cannot dispatch a wrecker to the
:location requested because it has no wreckers available with
the equipment necessary to safely accomplish -the tow; or,
(5) a determination made by the chief of police or his designee,
that a wrecker company, #o which a referral has been made,
has failed to respond with. a wrecker #o the designated location
within the allotted. thirty (30) minutes
(f} All requests.. for Placement on, or self-initiated removal from, the Public
Service Referral Towing Rotation Listing shall be made in writing from the wrecking
company concerned, and addressed to the chief of police
(g) The City shall charge an,annual administrative fee of $275 00, to those
wrecker or towing companies seeking to be on the .Public Service Referral Towing
Rotation Listing:. This fee shall be payable prior to any wrecker or towing company
being placed on the referral listing It shall be used to defray the costs of
administration, updating and maintenance of the Public Service Referral Towing
Rotation Listing.
Sec. 34-188. Motor Vehicle .Impoundment and Storage Fees.
The City shall- charge an impoundment and storage fee' at the maximum
amount allowable under state law for all vehicles towed to the Fort Worth Police
Department Auto Pound. Such fees shall be computed on storage per day, or part
of a day for motor vehicle storage The storage fee shall be charged for a full
twenty-four hour day for any part of a day of storage The storage fees shall not
exceed those accruable for.one twenty-four hour day if the vehicle has remained at
the storage location .for less than twelve .hours For purposes of this section, the
time frame fora "day" shall begin and end at midnight. Fees shall be charged for
abandoned motor vehicles taken into police custody at the rates herein authorized.
These accrued fees shall be based on storage and impoundment:
(a) lasting for .not more than: ten (10) days, beginning on the day the
abandoned motor vehicle is .taken into custody and ending on the day the notice of
impoundment is mailed by the police department; and,
(b) beginning on the day after the day,. that the police department mails the
notice of impoundment and ending on the day that the accrued charges have been
paid and the vehicle-has -been .removed
Sec. 34-189. Removal. and Storage of Motor Vehicles Towed from Parking
Facilities.
(a) Wrecker operators .removing vehicles from parking facilities without a
vehicle owner or operator's consent shall ensure that proper signage, notice, or
authorization for removal, has been accomplished prior to removing the vehicle,
pursuant to Texas Transportation Code Chapter 684
(b) Vehicles. which are towed from a parking facility without the consent of
the owner or operator, and which are taken to a private storage facility, may only be
assessed those fees and rates for storage, Preservation or protection which are
permitted under the Texas Vehicle Storage Facility Act, the Texas Transportation
Code, and any other pertinent state law
Sec. 34-190. Right to a Hearing.
If a motor vehicle has been removed and placed in a vehicle storage facility
without the consent of the owner or operator, the owner or operator may request a
hearing in Fort Worth Municipal Court, pursuant to Texas Transportation Code
Chapter 685, to determine whether or not probable cause existed for the removal
and storage of the vehicle
Sec. 34-191. Parking, facility operators' responsibilities.
In the event a vehicle is towed from a .parking facility by a wrecker company
pursuant to Tex. Trans. Code Ch. 684, without the consent of the owner or operator
of the vehicle, the owner, operator, agent or representative of the parking facility,
other than the wrecker company, must be present and available at the site from
where the vehicle in-question is to be towed to authorize the tow and to assure all
requirements of this ordinance have been complied with. prior to the tow being
conducted
Sec. 34-192. Violation of Ordinance and Fines.
A violation of any provision of this Ordinance shall be punishable by a fine not
to exceed $500 00
SECTION 3
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
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 Fork 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 accruedviolations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected 'by #his ordinance but may be prosecuted until final
disposition by the courts
SECTION 5
The City Secretary of the City of -Fort Worth., Texas, is hereby directed to
publish the caption, penalty clause and effective date of thin 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 6
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)
SECTION. 7
This ordinance shall take effect and be in full. force and effect from and after
its passage, and it is so ordained
APPROVED .AS TO FORM AND LEGALITY
~ •,-~~
Assistant City Attorney
Date ~~f
Adopted ~ - f ~ " g 7
Effective ~ ~ ~ s ~_
TpVJORD77FNL
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
03/18/97 G-11823 35CODE 1 of 2
SUBJECT ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, ARTICLE V,
WRECKERS, CHAPTER 34, VEHICLES FOR HIRE
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached ordinance amending the Code of the City of Fort Worth (1986) by
repealing Article V, Wreckers, of Chapter 34, Vehicles For Hire, and
2 Adopt the amended Code of the City of Fort Worth (1986} new Article V, Wreckers, of
Chapter 34, Vehicles For Hire, and
3 Refund 526,415 to various wreckers which have previously paid rotation and business
license fees for fiscal year 1997
DISCUSSION
In a review of the current City ordinance dealing with wrecker services, it was discovered that
the Interstate Commerce Commission Termination Act had virtually preempted all aspects of the
current City ordinance The act took away authority from local government to regulate intrastate
transportation of property, pertaining to price, route, or service of any motor carrier to include
wrecker services Under the new federal law, municipalities cannot regulate consent tows, thus,
all fees and other regulatory measures dealing with consent tows must be removed from the
ordinance The new federal law does, however, allow municipalities to regulate the price
charged for all non-consent tows As a result, the City must now completely revise the way it
does business with wrecker companies in order to comply with federal law
The ordinance will provide for a standardized price for all non-consent tows, including those from
private parking facilities Standard tows, regardless if a dolly is used, will be 565 Tilt bed/roll
back tows will be 585, while heavy duty tows will be 5125 per hour Police Department
initiated non-consent tows will be based upon a specifically executed contract between the City
and the wrecker or towing company
The City will also provide a Public Service Referral Towing Rotation List for drivers requesting
a consent tow where no preference for a wrecker service is provided The City shall charge an
annual administration fee of $275 to those companies seeking to be on this list
The new ord'+nance will allow for safeguards for consumers allowable by law, a revision in
wrecker fees which have not been revised in ten years, and an adjustment in the Auto Pound
storage fee from ten (510) to fifteen (515) dollars daily
Printed on Recyded Paper
Caty of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
03/18/97 G-11823 35CODE 2 of 2
SUBJECT ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, ARTICLE V,
WRECKERS, CHAPTER 34, VEHICLES FOR HIRE
All wrecker companies doing business with the City have previously paid business license and
rotation list service fees which expire on December 31, 1997 The wrecker inspection fees have
varying renewal dates with the next group coming due in May, 1997 It is recommended the
City refund all wrecker fees previously paid for 1997 due to the deregulation effect of the new
law For the fiscal year to date as of January 31, 1997, revenues totaling 526,415 have been
collected which now need to be reimbursed
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that funds for these refunds are available in fiscal 1997
revenues in the General Fund
LW f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 APPROVED
Originating Department Head: ~11'Y CQUNCIL
Thomas Windham 4-8385 (from) (V~~ ~~ 4197
GGO1 421422 0353303 $26,415 00
For Additional Information c
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Contact: City Sa~tary ®~ ~~
f Fort WoMI4'~~~-B
Thomas Windham 4-8385 City ®
Printed on Re~yded Paper
Adopted Ord'snance ~lo,/~