§ 8-111. Auto wrecker requirements.

(a)

State registration required. Any auto wrecker that is used to perform any nonconsent tow shall be registered as a tow truck under applicable provisions of state law, including, without limitation, Chapter 2308 of the Texas Occupations Code.

(b)

City registration required. Any auto wrecker that is used to perform any nonconsent tow on private property in the city must be registered with the police department, regardless of whether the owner of the auto wrecker has a place of business in the city.

(c)

Application for city registration. A tow operator may apply to the police department for registration of an auto wrecker by i) submitting a completed application on a form promulgated by the police chief; ii) paying the fee stated for this provision in the city fee schedule per auto wrecker to the police department; iii) providing verification that the auto wrecker is equipped to tow light-duty or heavy-duty motor vehicles according to the manufacturer's guidelines; and (iv) providing proof of insurance that meets the requirements of § 86.400 of Title 16 of the Texas Administrative Code.

(d)

Inspection; proof of registration. Upon receipt of an application, the police department will inspect the auto wrecker to determine compliance with the requirements of subsection (d) of this section and, if the auto wrecker is found in compliance, shall issue proof of registration to the applicant. The proof of registration (a medallion) shall be attached to the auto wrecker for which it is issued, at the place on the vehicle designated by the police chief. It shall be unlawful for any person to drive or operate an auto wrecker without the proof of registration being so attached.

(e)

Requirements for city registration.

(1)

Each tow operator must meet the signage, safety equipment, safety clothing, and identification requirements of §§ 86.701, 86.1000, and 86.1001 of Title 16 of the Texas Administrative Code.

(2)

Each auto wrecker shall meet the following minimum requirements:

a.

Except for heavy duty wreckers, the auto wrecker's chassis cab shall be rated at no less than one ton by the manufacturer and will be equipped by the manufacturer with dual wheels and tires at each end of the rear axle;

b.

The auto wrecker at all times shall carry tow lights with appropriate cable (unless wireless) and cushions to protect a vehicle's finish; and

c.

The auto wrecker at all times shall be equipped with safety (mud) flaps with the bottom edge of the mud flap no more than eight inches from the surface of the road.

(f)

Renewal of registration. The registration for each auto wrecker that is used to perform non-consent tows subject to this section shall be renewed annually by payment of the fee stated for this provision in the city fee schedule to the police department, which shall verify that the auto wrecker is still in compliance with this section.

(Ord. No. 04-497, § 3, 5-26-04; Ord. No. 2011-1012, § 3, 11-30-2011, eff. 1-1-2012; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-1159, §§ 3, 4, 12-11-2013; Ord. No. 2014-482, § 4, 5-28-2014)