§ 94-102. Permitted Tows.

The towing of vehicles shall fall into one of three categories: (a) consent tow, (b) police pull, (c) repossession or recovery tow; or (d) private non-consent tow.

(a)

Consent tow—A tow truck requested to remove or otherwise move a vehicle for a particular person at their request. The operator of the vehicle or its owner must request this tow truck service by name. This tow truck service is not required to be on an approved listing to tow, but must have in place a tow truck tag as required by the Texas Occupations Code or it will not be allowed to tow the vehicle. An owner's request (consent tow) may be used at the scene of a collision, mechanical breakdown, or on a vehicle that is abandoned, unless the officer on the scene determines that the vehicle is hazardous or that a time delay would endanger or hamper the general public's safety, well-being, or the investigation. If the officer deems it necessary, a contract towing service will be notified for immediate removal of the vehicle.

(b)

Police Pull—A tow truck called to remove or otherwise move vehicles at the request of a police officer exercising his authority under the law, for the purposes of incident management, or in the interest of public safety. A contract towing service may be used to tow vehicles involved in a collision when the owner or operator is not present, is incapacitated, or is otherwise unable to request a tow truck including, but not limited to, when the operator is hospitalized or incarcerated, and when the police officer otherwise deems it necessary to remove the vehicle by police authority in the interest of incident management and public safety. A contract towing service may be used to tow any vehicles to be held as evidence in a criminal case or to be seized for forfeiture in a civil action. A contract towing service may be used to tow any vehicle under police authority when the removal is authorized by another law or in the interest of public safety, including, but not limited to, abandoned vehicles, pursuant to Chapter 683, Texas Transportation Code, or vehicles being operated without insurance.

(c)

Repossession or Recovery Tow—A tow truck requested to remove or otherwise move a vehicle on private property, without the pre-arranged knowledge or consent of the owner or operator of the vehicle, to repossess or recover the vehicle.

(d)

Private Non-Consent Tow—A tow truck requested to remove or otherwise move vehicles on private property, without the pre-arranged knowledge or consent of the owner or operator of the vehicle, where notice of prohibited parking is given by signs, where vehicles are parked in fire lanes or obstruct an entrance, exit or aisle of a parking facility, or where otherwise authorized by law.

(Ord. No. O-2017-013-04, § 1, 3-27-17)