§ 94-109. Requirements for Non-Consent Towing.

(a)

A wrecker service company towing and/or a vehicle storage facility accepting a non-consent towed vehicle towed from private property must report the tow to the Haltom City Police Department.

(b)

Proper notification must include:

1)

The name of the Tow Company;

2)

The name of the tow truck driver;

3)

The location being removed from;

4)

The storage location;

5)

Contact info for the storage facility;

6)

The name of the person authorizing the tow;

7)

Year, make, model and color of the vehicle;

8)

Vehicle LP# and State;

9)

Vehicle VIN.

(c)

This notification must be completed by providing all the information listed in Sec. 94-109(b) to police dispatch at [phone] within 30 minutes of towing the vehicle; additionally the completion of the non-consent online tow form, http://www.haltomcitytx.com/tow, must be completed within 24 hours of the tow.

(d)

Any wrecker service operator shall cease the removal of a vehicle upon request of the vehicle's operator and upon payment of the charges incurred to that point.

(e)

If a wrecker operator is notified by the Police Department that the vehicle he is removing has been reported stolen, he shall immediately disengage his wrecker from such vehicle and shall abandon the tow at no charge.

(f)

Regardless of any general contractual or "patrol account" arrangement which may exist between a wrecker service company and a property owner, it is a violation of this Article to make a non-consent tow from private property of any vehicle unless specific authority as to that vehicle has been given by the property owner and a sign is erected on the premises as required by Section 94-110 of this ordinance. This prohibition shall not apply if the vehicle:

A.

is in or obstructs a vehicular traffic aisle, entry or exit of the parking facility;

B.

prevents a vehicle from exiting a parking space in the facility;

C.

is in or obstructs a fire lane marked according to Chapter 2308 of the Texas Occupations Code;

D.

does not display the proper special license plates or disabled parking placard and is in a parking space that is designated for the exclusive use of a vehicle transporting a disabled person; or

E.

is blocking access to a dumpster.

(g)

The owner or operator of a wrecker service company may not charge a non-consent towing fee, including administrative fees and surcharges, in excess of the maximum fees established by the City, as follows:

A.

Non-consent tow fees:

(1)

For vehicles up to 6,000 pounds: ..... $145.00

(2)

For vehicles over 6000 up to 10,000 pounds: ..... $175.00

(3)

For use of a Flatbed truck: ..... $175.00

(4)

For vehicles 10,001 and up to 24,999 pounds: ..... $275.00

(5)

For vehicles 25,000 pounds and up: ..... $400.00

(fee per unit $800.00 max)

B.

Drop Rate:

(1)

For vehicles up to 10,000 pounds: ..... $50.00

(2)

For vehicles 10,001 to 24,999 pounds: ..... $125.00

(3)

For vehicles 25,000 pounds and higher: ..... $200.00

(h)

All fees established by this ordinance in Section 94-109, subsection (g) shall be reviewed by the City annually, unless additional review is specifically requested by a wrecker service company.

(i)

Wrecker operators and wrecker service companies performing non-consent tows within the City must accept major credit cards and debit cards as payment for the fees described in Section 94-109, subsection (g) of this ordinance.

(j)

Upon initial contact with the owner of a vehicle which is the subject of a non-consent tow, a wrecker service operator, a vehicle storage facility operator, or any employee or agent thereof shall give written notice to the vehicle owner of his right to a hearing pursuant to the Texas Occupations Code, Chapter 2308. Such notice shall include the name, address and phone number of the person or agency that authorized the removal, and a statement that the hearing must be requested in writing within fourteen (14) days of the date the vehicle was stored and that the request must be filed with a magistrate in whose jurisdiction is the location from which the vehicle was removed.

(k)

The vehicle must be dropped if confronted by the owner of the vehicle before leaving the tow site. In such case no fees shall be charged, except that a drop fee shall only apply if the vehicle is hooked up and legally prepared for transport as defined by this ordinance.

(l)

No vehicle shall be removed from a location or the immediate area that it was parked, without the vehicle being completely hooked up and legally prepared for transport as defined by this ordinance.

(m)

Non-consent towed vehicles removed from a location within the City shall only be taken to a storage facility that is within a 10 mile radius from the location in which the vehicle was removed.

(n)

Non-consent towed vehicles removed from a location within the City shall not be taken to a storage facility that does not accept major credit cards and debit cards.

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