ORDINANCE NO.

1104

AN ORDINANCE OF THE CITY OF STAFFORD AMENDING THE CODE OF

ORDINANCES CHAPTER 18 "BUSINESSES" TO REPEAL ARTICLE V. "AUTO
WRECKERS"; ADOPTING A NEW ARTICLE V, "TOWING"; PROVIDING A PENALTY
FOR A VIOLATION OF THE ORDINANCE IN AN AMOUNT NOT TO EXCEED $500;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STAFFORD, TEXAS:

Section 1: Chapter 18 of the City of Stafford's Code of Ordinances is hereby

amended by repealing the current Division 1 "Generally" and Division 2 "License" of
Article V. "Auto Wreckers" and adopting a new Article V, "Towing" to read as follows:

CHAPTER 18
ARTICLE V. TOWING

Sec. 18-117 - Definitions.

The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:

Accident means any occurrence which renders a vehicle wrecked or disabled, as

defined in this section.

Chief of police means the chief of police for the city or the person designated by
him to act in his stead for the purposes of this article.

City permit means authorization granted to a towing company by the city under
this article to tow vehicles within the city.

City permit holder means any entity possessing a current, valid city permit to tow
vehicles within the city.

Consent tow means any tow of a 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

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control of the vehicle. The term "consent tow" does not include an incident management
tow or a private property tow.

Disabled means the status of any vehicle which had 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 tow truck.

Hazardous material means:

(1) Any substance classified as a hazardous material under state 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 anger
to individuals, property or environment.

Incident management tow means any tow of a vehicle in which the tow truck is
summoned by a peace officer because of a traffic accident or to an incident.

Non-consent tow means any tow of a vehicle that is not a consent tow, including
an incident management tow and a private property tow.

Parking facility means public or private property used, wholly or partly, for
restricted or paid vehicle parking. The term "parking facility" includes:
(1) A restricted space on a portion of an otherwise unrestricted parking
facility; and
(2) A commercial parking lot, a parking garage, and a parking .area
serving or adjacent to a business, church, school, home, apartment
complex, property governed by a property owners' association, or
government-owned property leased to a private person, including:
a. A portion of the right-of-way of a public roadway that is
leased by a governmental entity to the parking facility owner;
and
b. The area between the facility's property line abutting a
county or municipal public roadway and the centerline of the
roadway's drainage way or the curb of the roadway,
whichever is farther from the facility's property line.

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 Parking facility owner means:

(1) An individual, corporation, partnership, limited partnership, limited

liability company, association, trust, or other legal entity owning or
operating a parking facility;
(2) A property owners' association having control under a dedicatory
instrument, as that term is defined in Texas Property Code
§202.001, over assigned or unassigned parking areas; or
(3) A property owner having an exclusive right under a dedicatory
instrument, as that term is defined in Texas Property Code
§202.001, to use a parking place.

Police Department means the City of Stafford Police Department and its officers,
authorized employees and agents.

Police tow means an incident management tow initiated when the Police
Department calls a rotation contract holder from a rotation list.

Private property tow means any tow of a vehicle authorized by a parking facility
owner without the consent of the owner or operator of the vehicle.

Private property towing permit means a state-issued permit required for a tow
truck used to perform a non-consent tow authorized by a parking facility owner. A tow
truck permitted for this type of tow may also be used for consent towing but not for
incident management towing, in accordance with Texas Occupations Code
§2308.104.

Public roadway means a public street, alley, road, right-of-way, or other public
way, including paved and unpaved portions of the right-of-way.

Rotation contract means an agreement between the city and a towing company
to perform police tows.

Rotation contract holder means a towing company contracted with the city to
perform police tows .

Rotation list means any list prepared in accordance with a rotation contract and
the provisions of this article.

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 State means the State of Texas and its offices, departments and agencies.

Tow truck means a motor vehicle, including a wrecker, equipped with a

mechanical device used to tow, winch, or otherwise move another vehicle .

Towing company means an individual, association, corporation or other legal

entity that controls, operates or directs the operation of one or more tow trucks over a
public highway in the state, but does not include a political subdivision of the state.

Vehicle means a device in, on, or by which a person or property may be

transported on a public roadway. The term "vehicle" 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 means a person :

(1) Named as the purchaser or transferor in the certificate of title

issued for the vehicle under Texas Transportation Code chapter
501;
(2) In whose name the vehicle is registered under Texas
Transportation Code chapter 502, or a member of the person's
immediate family;
(3) Who holds the vehicle through a lease agreement;
(4) Who is an unrecorded lien holder entitled to possess the vehicle
under the terms of a chattel mortgage; or
(5) Who is a lien holder holding an affidavit of repossession and
entitled to repossess the vehicle.

Vehicle storage facility means a vehicle storage facility , as defined by Texas

Occupations Code §2303 .002, that is operated by a person who holds license issued
under Texas Occupations Code chapter 2303 to operate the facility.

Wrecked means the status of any vehicle damaged in any manner of collision
which renders the vehicle inoperable mechanically or unsafe to operate.

Sec. 18·118 • Applicability.

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 (a) The prohibitions and requirements of this article shall apply to all vehicles
towed on public roadways located in the city. This article shall also apply
to vehicles seized by the Police Department.

(b) Any tow truck operated within the city shall be in full compliance with all
applicable state and federal rules, including, but not limited to, those
pertaining to vehicle registration, insurance and safety equipment.

Sec. 18-119 - Emergency aid excluded.

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.

Sec. 18-120 - Towing by vehicle other than tow truck.

A vehicle may be pushed or towed by a vehicle other than a permitted tow truck only
when it does not reasonably require removal by a tow truck and only when such may be
done in a safe and legal manner.

Sec. 18-121 - Permit required; application; fee.

(a) A towing company that desires to tow vehicles shall obtain a city permit
from the city. Companies that desire to perform police tows shall enter
into a rotation contract with the city. All non-consent tows shall terminate
within five (5) miles of the corporate city limits, except when directed by a
law enforcement agency.

(b) An applicant for a new or renewal city permit shall submit, on a form
provided by the city, a verified application containing or accompanied by
the following:

(1) The true name, the trade name, location and mailing address, and
telephone number of the towing company;
(2) The name, date of birth and home address of the applicant if a sole
proprietorship;
(3) The name, date of birth and home address of each partner if the
applicant is a partnership;

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Ordinance No. 1104 - Page 5 of20
 (4) The name, date of birth and home address of each corporate
officer, if the applicant is a corporation;
(5) The name, address and driver's license number of every tow truck
driver employed by the applicant;
(6) The location of the applicant's vehicle storage facility and a
photocopy of the state license for the facility;
(7) A certificate from the city/county tax assessor-collector that all city
taxes on all properties, real and personal, to be used in connection
with the applicant's business are current;
(8) A certificate of liability insurance issued by a company authorized
to do business in the state which identifies coverage in the
amounts required under this article; and
(9) For each tow truck, the applicant intends to utilize:
a. The make, model, size and model year;
b. The vehicle identification number;
c. The state license plate number;
d. The state tow truck license plate number; and
e. A photocopy of the certificate of registration issued by the
state;
(10) Copies of all permits as issued by the state for specific types of
towing (incident management towing, private property towing and/or
consent towing);
(11) Copies of all appropriate licenses for each tow truck driver and
towing company;
(12) Copies of continuing education requirements for license holders.

(c) Every application for a new or renewal city permit and/or rotation contract
required under this article shall be sworn to by the applicant or city permit
and/or rotation contract holder, and shall be accompanied by payment of
a fee established by separate ordinance.

(d) No city permit or rotation contract shall be transferred or assigned from

any person or company to another. When any change of ownership or
change of controlling interest occurs, any existing city permit and/or
rotation contract shall immediately terminate.

Sec. 18-122 - Rotation contracts and police tows.

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 (a) All police tows shall be undertaken pursuant to the terms and conditions
of a rotation contract specifically executed between the city and the
towing company. All such related services and fees shall be established
as a provision of the contract
for services.

(b) The city may not execute a rotation contract with a towing company if:

(1) One or more of the following entities has been convicted of a

felony or crime of moral turpitude and five years has not elapsed
since the conviction and completion of any sentences, parole, or
probation that resulted from the conviction:
a. The towing company;
b. Any of the towing company's owners or officers;
c. Any of the towing company partners, if the towing company
is a partnership;
d. Any of the towing company's managers or members who
have authority to make decisions on behalf of the entire
company, if the towing company is limited liability company;
e. Any of the towing company's directors, if the towing
company is a corporation or other entity with directors;
f. Any of the towing company's trustees, if the towing company
is a trust; or
g. Any owner of all or part of a vehicle storage facility or any
tow truck utilized by the towing company.

For purposes of this subsection (b)(1 ), a person shall be considered

convicted if they entered into a deferred adjudication or otherwise entered
a plea of guilty or no contest.

(2) One or more of the following entities owes delinquent fees or taxes
to the city:
a. The towing company; Any of the towing company's owners
or officers;
b. Any of the towing company partners, if the towing company
is a partnership;
c. Any of the towing company's managers or members who
have authority to make decisions on behalf of the entire

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 company, if the towing company is a limited liability
company;
d. Any of the towing company's directors, if the towing
company is a corporation or other entity with directors;
e. Any of the towing company's trustees, if the towing company
is a trust; or
f. Any owner of all or part of a vehicle storage facility or any
tow truck utilized by the towing company.

This subsection (b )(2) shall not apply to the extent the city is prohibited by
state or federal law from considering the debt in authorizing a permit or
other governmental benefit

(c) If a towing company foregoes two (2) or more rotations requests in a

month may be grounds for a reprimand.

(d) The towing company applicant must fully complete and verify a rotation
contract application, which shall be in a form promulgated by the chief of
police.

Sec. 18-123 - Issuance and expiration of permits and contracts.

(a) The city shall issue a city permit to every towing company complying with
this article unless legal grounds exist for denying such a permit.

(b) The city shall issue to each city permit holder an inspection permit for
each tow truck that passes an inspection. The inspection permit shall be
prominently displayed on the left side of the front windshield.
(c) Operating a tow truck without an inspection permit issued by the city,
as required by this article, shall be unlawful.

(d) Any person permitting the operation of a tow truck owned by that person
or by a another legal entity of which the person is an agent when the tow
truck does not have an inspection permit issued by the city as required by
this article is committing a violation
of this article.

(e) Every city permit shall expire at 11 :59 p.m. on December 31st of each
year.

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 Sec. 18-124 - Insurance.

Every towing company having a city permit shall carry general liability coverage of
$1,000,000 each occurrence and workers' compensation or accident insurance with the
City of Stafford listed as payee in the amounts required by Texas Occupations Code
§2308.001 et seq.

Sec. 18-125 - Rotation Operations.

(a) The chief of police is authorized to establish rotation lists for police tows.
The lists are composed of tow truck companies that have entered into
rotation contracts with the city, and that have requested and are qualified
to appear on a particular list. The Police Department shall establish and
maintain these lists so as to alternate among the towing companies as
much as practicable while ensuring each towing company receives all of
its allotted rotation list slots. From the rotation lists, the Police
Department shall call a towing company to:
(1) Remove a wrecked or disabled vehicle, or a vehicle in safe
driving condition, but whose owner is not present, able or
permitted to drive or to make authorizations;
(2) Remove a wrecked or disabled vehicle when the owner fails to
designate a specific repair place or tow truck operator to remove
his vehicle, and has authorized the Police Department to call a tow
truck; and
(3) Remove a vehicle that the Police Department has determined is
evidence or that may contain evidence in a criminal investigation.

(b) If the owner of a disabled vehicle is physically unable to designate to a

police officer on the scene a city permit holder to remove the vehicle or
the owner fails or refuses to designate one or has no preference, the
police officer shall communicate that fact immediately to the police
communications center or its authorized agent. The police communications
center or its authorized agent shall then call the city permit holder next in
line on the appropriate city rotation list and request the permit holder to
tow the vehicle from the scene. After the last city permit holder on the
rotation list has been called, the next such call shall go to the first city
permit holder on the rotation list.

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Ordinance No. 1104 - Page 9 of 20
 (c) If the owner of the vehicle does not designate a city permit holder, and the
police officer contacts the communications center requesting a tow, the
dispatch of the call shall constitute a police tow . The responding rotation
contract holder shall deliver the vehicle to the location requested by the
owner; however, the call remains a police tow. The vehicle owner shall pay
the towing fees in this situation and the towing company may charge
reasonable towing fees for this service.

(d) If, after arrival at the scene, the police officer in charge determines that
additional assistance is needed, the police dispatch shall dispatch
immediately the next towing company on the rotation list.

(e) If, after arrival at the scene, and before the tow truck begins to hook to the
vehicle, the owner of the vehicle requests the vehicle to be towed by
their preferred towing company that holds an IM (Incident Management)
license, the police officer may inform the tow truck driver to leave the
vehicle at the scene. At that point, the police officer shall notify
communications center to place the rotation contract holder back at the
top of the rotation list.

(f) If the city permit holder on the rotation list is unable to respond to the
scene within 15 minutes from dispatch, then the Police Department
Dispatch shall call the next city permit holder on the rotation list.

(g) No city permit holder shall use any other towing company in their place for
rotation calls.

Sec. 18-126 - Equipment and vehicle storage facility required.

(a) An applicant for a city permit required under this article or an applicant for
a permit renewal shall own or lease the following:

(1) The types of tow trucks and equipment required to safely conduct
tows in accordance with the provisions of Texas Occupations
Code §2308.001 et seq.

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Ordinance No . 1104 - Page I 0 of20
 (2) Storage facility. The applicant must own or have use of a storage
facility licensed under the occupation code and be in full
compliance with all relevant state statutes. The facility shall be
located within five (5) miles of the corporate city limits and must be
completely enclosed with 10 foot fencing that completely blocks the
view of the yard from the public, locks and other security devices as
necessary to maintain security of stored vehicles. A towing
company is not required to own or lease a storage facility if it only
tows vehicles owned by the towing company.

(b) A towing company that wishes to enter into a rotation contract with the city
shall have, at the minimum, three of the following types of tow trucks

(1) Medium duty tow truck capable of towing motor vehicles with a
gross weight rating of more than 10,000 pounds, but less than
25,000 pounds. Should a towing company choose to operate one
or more medium duty tow trucks, at least one of the medium duty
tow trucks shall have a boom and winch rated at not less than
8,000-pound lift capacity fully extended and a wheel lift device rated
at not less than 6,000 pounds.

(2) Heavy duty ~andem axle tow truck capable of towing motor vehicles
with a gross weight rating that exceeds 25,000 lbs and equipped
with a minimum of a 12,000-lb wheel lift under reach fully extended,
a minimum of two 35,000-lb winches, and a boom rated at not less
than a 35-ton lift capacity.

(3) Light duty tow truck must be equipped with a manufactured wrecker
bed. It shall have a boom and winch rated at not less than 8,000-
pound lift capacity and a wheel lift device rated at not less than
4,500 pounds.

(4) Roll back must have a gvw rating of 25,000 pounds or greater and
have a steel bed of 14 foot length.
(c) A towing company that wishes to be on the Heavy Duty rotation list and
work major accidents shall have at least 2 heavy duties registered and
permitted with the City of Stafford.

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Ordinance No. 1104 - Page 11 of20
 (d) At a minimum, all tow trucks shall be equipped with the following
equipment, which at all times shall be maintained in working order:

(1) 36" Wrecking bar;

(2) Towing Lights;
(3) Emergency overhead amber and red warning lights;
(4) Safety chain;
(5) Fire extinguisher (A.B.C. Type), ten-pound minimum required;
(6) Broom;
(7) Shovel;
(8) Reflectors or traffic cones;
(9) Trash container;
(10) Hazardous Material Cleanup (i.e. sand, kitty litter)

(e) Each tow truck shall have the name, city and state of the city permit
holder, as shown on its permit, on each side of the tow truck. The name,
city, state and telephone number of the towing company shall appear in
letters at least two inches high, which are permanently affixed, legible and
on a contrasting background. Magnetic or other forms of removable signs
shall not comply with this requirement.

(f) All trucks requesting to be on the rotation list must be registered in the city
of Stafford.

Sec. 18-127 - Inspection of tow trucks and equipment.

Any holder of a city permit or an applicant for a city permit required under this article,
by virtue of making application, agrees to allow the inspection of tow trucks, tow truck
equipment and storage facilities by the chief of police between the hours of 8:00 a.m.
and 5:00 p.m. on weekdays. In addition, each tow truck and the required equipment
authorized under a contract shall be subject to intermittent inspection to ensure
compliance with this article. This authority shall be cumulative of any other authority
held by the chief of police, other law enforcement officials, or other legally authorized
public officials. The chief of police shall issue an inspection permit for each tow truck
utilized by a towing company that has passed inspection. The inspection permit shall
have written upon it the vehicle identification number of the tow truck to which it is
affixed. The inspection permit shall be prominently displayed on the left side of the front
windshield. A tow truck that fails an inspection or that is not made available for

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Ordinance No. 1104 - Page 12 of20
inspection within three business days after written request for inspection by the chief of
police shall not be issued an inspection permit, and any previously issued inspection
permit issued to that tow truck shall be void. A towing company that wishes to have a
tow truck inspected after the truck has failed or been unavailable for inspection must
send a request for inspection to the chief of police in writing, and must pay a $100.00
inspection fee for each failing or unavailable tow truck that towing company wishes to
have inspected.

Sec. 18-128 - Towing fees.

(a) A city permit holder performing consent tows may collect fees that are
deemed reasonable in accordance with the provisions set forth in Texas
Occupations Code §2308.001 et seq. and are based on the City of
Houston rate study.

(b) City permit holders performing non-consent tows shall not charge fees that
exceed the maximum amounts set in the City of Houston rate study.

(c) Rotation list towing fees:

(1) Light duty towing (towing a vehicle with a gross vehicle weight of
10,000 pounds or less) fee will be the amount set by the City of
Houston rate study. Use of a dolly. No additional fees shall be
charged for the use of a dolly.
(2) Medium duty towing (towing a vehicle with a minimum gross vehicle
weight of more than 10,000 pounds and less than 25,000 pounds)
fee will be the amount set by the City of Houston rate study.
(3) Heavy duty towing (towing a vehicle with a minimum gross vehicle
weight of 25,000 pounds or more) fee will be the amount set by the
City of Houston rate study.

(d) Extra equipment. If the towing company is required to rent or lease a piece
of equipment which is not required in the normal operation of a towing
company, the cost for lease or rental of such equipment may be passed on
to the vehicle owner.
(e) Number of tow truck employees to respond for Heavy Duty Accidents. A
minimum of two towing company employees must respond and share the
responsibilities with each heavy duty tow truck to expedite the clearing of
the roadway and increase safety. Failure to respond with two towing

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 company employees will be counted as a failure to respond and the tow
truck will not be allowed to work the scene.

(f) Private property non-consent tows:

(1) Light duty: Not more than the amount set by the City of Houston
rate study.
(2) Medium duty: Not more than the amount set by the City of Houston
rate study.
(3) Heavy duty: Not more than the amount set by the City of Houston
rate study.

(g) When establishing or amending the allowable fees for non-consent tows,
the amounts shall represent the fair value of the services of a towing
company and are reasonably related to any financial or accounting
information provided to the city. In accordance with Texas Occupations
Code § 2308.203, the city establishes the following procedures relating to
towing fee studies to be followed upon a request from a towing company
that a study be performed. The following list is not all inclusive:
(1) The chief of police shall request financial records from the
requesting towing company as they relate to vehicle insurance,
registrations and operating costs;
(2) The chief of police shall obtain current fuel prices;
(3) The chief of police shall review towing fees from other cities of
similar population;
(4) The chief of police shall submit a recommendation to the Mayor for
action. Recommended increases shall be taken to the city council
for consideration.

Sec. 18-129 - Storage lot requirements and space required.

(a) Fence must be at least 10 (ten) feet high and shall completely block the
yard and/or lot from the view of the public on all sides.

(b) Lot/yard must be able hold a minimum of 50 (fifty} vehicles and 4 (four)
tractor and trailers.

(c) Shall have room for 1 vehicle that is indoors.

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 (d) Provide off-street parking for at least 4 customer vehicles.

(e) On-site office at the lot/yard shall be manned by personnel Monday

through Friday from Barn to 5pm and Saturday 9am to 12pm (noon),
excluding Federal holidays.

(f) Shall be accessible via telephone 24 hours a day, 365 days a year.

(g) If accepting vehicles 24 hours a day, all storage yard/lots shall have
vehicles available for release 24 hours a day within one hour of the
customer arrival to the yard.

(h) Yard/lot shall be at least 1 acre.

(i) All tow slips/invoices shall be kept on-site at the storage yard for a
minimum of 5 years.

Sec. 18-130 - Storage fees and charges.

(a) Under this article, a city permit holder may charge the owner of the vehicle
a storage fee and other charges as permitted by Texas Occupations Code
§2303.001 et seq.

(b) If the owner or any lien holders of record does not reclaim the vehicle
within the time period prescribed by law, the vehicle shall be deemed
abandoned and used or sold in accordance with the requirements of
Texas Occupations Code chapter 2303.

Sec. 18-131 - Influence over selection of towing company.

A police officer investigating or present at any scene where the services of a tow truck
are reasonably anticipated to be necessary shall not directly or indirectly recommend to
any person the name of any towing company, nor shall any such police officer influence
or attempt to influence in any manner the decision of any person on choosing or
selecting a towing company.

Sec. 18-132 - Driving tow trucks to scene of collision.

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No person shall drive or cause to be driven a tow truck to or near the scene of an
accident on a public roadway unless such person has been called to the scene by the
police communications center or its authorized agent or by a party involved in the
accident; unless a wrecker is needed to prevent death or bodily injury to any person
involved in an accident or collision.

Sec. 18-133 - Duties of towing companies.

(a) It shall be the obligation of all city permit holders to operate towing
companies so as to provide safe and prompt removal of wrecked,
disabled or police tow vehicles when properly called upon to do so in
accordance with this article.

(b) The duty to provide safe and prompt towing service upon call includes,
but is not limited to, the following specific duties:
(1) Upon arrival at the scene of an accident, towing company
personnel shall take directions from the police officer in charge of
that scene.
(2) Any person who tows any vehicle from the scene of an accident
shall remove debris of the accident from the public roadway.
This duty specifically includes removal of all broken glass and
metal fragments from the public roadway and the removal of
any load of any vehicle from the traveled portion of the public
roadway so as to eliminate any hazard to vehicular traffic. This
does not include responsibility to unload cargo from a vehicle in
order to permit hauling of the cargo separately. Debris shall be
disposed of in a manner which will keep it out of gutters, storm
sewers, streams, public rights- of-way and property not belonging
to the towing company. The officer on the scene of an accident
may provide assistance in locating a place for disposal of such
debris.
(3) No city permit holder shall store any vehicles or tow trucks
on the public roadways or rights-of-way. City permit holders shall
use reasonable care in the storage of property not belonging to
the permit holder so as to minimize the risk of theft or damage.

Sec. 18-134 - Non-consent private property tows.

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 (a) A towing company that tows a vehicle from a parking facility without the
vehicle owner's permission shall within one hour after receiving the
vehicle report (by telephone, in person, or by facsimile) to the Police
Department:
(1) A general description of the vehicle;
(2) The state and number of the vehicle's license plate;
(3) The VIN of the vehicle;
(4) The location from which the vehicle was towed; and
(5) The name and location of the vehicle storage facility where the
vehicle is being stored.

Sec. 18-135 - Filing of and investigating complaints concerning

wrecker companies.

Any complaint regarding a towing company shall be submitted in writing to the chief of
police. The complaint shall be specific as to the allegations and shall be signed by the
individual submitting the complaint. Complaints will be investigated to the fullest extent
possible.

Sec. 18-136 - Administrative disposition of violations by city permit holders.

(a) In lieu of or in addition to any criminal prosecution or civil remedy for the
violation of any section of this article, the chief of police shall have, as to
the holder of any city permit or as to any applicant therefore, the duty and
authority to enforce this article by administrative action in accordance with
these principles and procedures.
(b) The proper and safe functioning of towing companies has critical impact
on the health, safety and welfare of the public and involves use of the
public roadways, often in circumstances necessitating prompt removal of
dangerous obstructions to traffic on public roadways; therefore, the
privilege of any person to be a city permit holder operating a towing
company in the city shall be subjected to strict regulation in order to
protect the public.
(c) For purposes of invoking any administrative remedy against a city permit
holder, the acts or omissions of any agent or employee of the city permit
holder shall be considered to be the acts or omissions of the city permit
holder.
(d) A city permit holder may receive a written reprimand for any of the
following offenses:

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 (1) Failure to properly clean up debris at an accident scene;
(2) Failure to maintain a licensed storage facility as required by this
article;
(3) Driving any tow truck to or from the scene of an accident in a
manner which endangers the life or safety of any person;
(4) Failure to maintain in effect any insurance required by this article;
(5) Charging a fee in excess of the amounts authorized by this article;
(6) Permitting a tow truck to be operated by anyone while under the
influence of prescription drugs which could be reasonably
anticipated to interfere with a driver's ability to operate the tow
truck;
(7) Permitting a tow truck to be operated by anyone while under the
influence of alcohol or illegal drugs which could be reasonably
anticipated to interfere with a driver's ability to operate the tow
truck;
(8) Permitting a tow truck to be operated by anyone whose operator's
or driver's license is suspended;
(9) Any sustained complaint of theft by employees of towing company
while acting in their capacity as employees of towing company,
whether occurring during a police tow or otherwise;
(10) Any sustained complaint of threats made by employees of the
towing company while acting in their capacity as employees of
towing company made against third parties during a police tow or
otherwise;
(11) Failing to comply with all directions of the Police Department while
performing related activities on a public roadway; or
(12) Failure to comply with any state or federal law or city ordinance
related to the operation of a towing company.

Sec. 18-137 - Procedures for administrative disposition of violation.

(a) The city may, without warning, notice, or hearing, suspend any city permit
if the operation of the towing company constitutes an imminent hazard to
public health or safety. When possible, a supervisor will confirm the
hazard before suspension is effective. Suspension is effective upon

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 service of the notice required by this article. When a permit is suspended,
towing operations shall immediately cease.

(b) The city may suspend a towing company that receives two reprimands
within a permit period for up to 30 days . The city may indefinitely suspend
a towing company that received three or more reprimands within a one-
year period.

(c) Whenever a city permit is suspended, the holder of the city permit shall be
notified in writing that the permit is, upon service of the notice,
immediately suspended. Opportunity for a hearing will be provided if the
city permit holder files a written request with the city administrator or
designee within five business days.

Whenever a city permit is suspended, the city permit holder shall be

afforded an opportunity for a hearing within ten days of receipt of a request
for a hearing. If no written request for a hearing is filed within five business
days, the suspension is sustained and becomes final.

(d) A notice as required in this article is properly served when it is

personally delivered to the holder of the city permit or when it is sent by
registered or certified mail, return receipt requested, to the last known
address of the city permit holder. A copy of the notice shall be filed in the
records of the city.

(e) The mayor, or his designee, shall conduct the hearings provided for in this
article at a time and place designated by him. Based upon the recorded
evidence of such hearing, the city administrator or designee shall make
final findings and shall sustain, modify or rescind any notice or order
considered in the hearing. A written report of the hearing decision shall be
furnished to the city permit holder by the city administrator or designee.
(f) In the event the city suspends or indefinitely suspends a permit holder for
cause, and the cause for such suspension or indefinite suspension is
determined to be invalid, the permit holder's sole remedy shall be
reinstatement.

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 Sec. 18-138 - Criminal penalty.

(a) Any business or person who shall intentionally, knowingly, recklessly, or

with criminal negligence, violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be shall be
punished by a fine of not more than $500.00 in accordance with the City
of Stafford Code of Ordinances.

(b) It shall be a defense to prosecution of any violation of this article that a

person violated this article while acting to prevent imminent death or bodily
injury to any person involved in an accident.

Section 2: All ordinances or parts of ordinances inconsistent or in conflict herewith

are, to the extent of such inconsistency or conflict, hereby repealed.

Section 3. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction,
it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision
hereof other than the part declared to be invalid or unconstitutional; and the City Council
of the City of Stafford, Texas, declares that it would have passed each and every part of
the same notwithstanding the omission of any such part.

Section 4: This Ordinance shall take June 1, 2018.

PASSED AND APPROVED in Stafford, Texas this 2l~1Jay o

ATTEST:

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