§ 13-104. Requirements to perform nonconsent towing.

(1)

It shall be unlawful for a person to operate a tow truck that performs nonconsent or incident management towing in the city unless the person has a certificate of registration issued by the chief of police, except as provided in subsection (2)(i), below.

(2)

An applicant for a certificate of registration to perform nonconsent or incident management towing shall submit, on a form provided by the chief of police, a verified application containing or accompanied by the following:

(a)

The true name, the trade name, principal business address, and telephone number that is answered twenty-four (24) hours a day, of the towing company.

(b)

The list of tow trucks proposed to be operated by the towing company, including but not limited to the motor vehicle identification number, make, and unit number from the tow company applying for the certificate of registration.

(c)

The name of the owner(s) of the tow company, partners and/or corporation officers.

(d)

A certificate of public liability and property damage insurance, for each tow truck to be registered issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the chief of police, containing a provision that at least ten (10) days' prior notice of cancellation of said insurance shall be given to the chief of police by the insurance company, and with the insured provision of such policy including the city as an additional insured and the coverage provision insuring members of the public from any loss or damage that may arise to any person or property by reason of the operation of a certificate holder's business and providing that the combined single limit liability insurance coverage amount for bodily injury to or death of an individual per occurrence, loss or damage to property shall be not less than three hundred thousand dollars ($300,000.00) for tow trucks, whose gross vehicle weight is less than twenty-six thousand (26,000) pounds and not less than five hundred thousand dollars ($500,000.00) for tow trucks, whose gross vehicle weight is twenty-six thousand (26,000) pounds or more.

(e)

A certificate of on-hook cargo insurance to cover damage to a towed vehicle during hookup and/or towing in the minimum amount of fifty thousand dollars ($50,000.00).

(f)

A copy of a vehicle storage facility license issued by the Texas Department of Transportation, pursuant to the vehicle storage facilities, V.T.C.A. Occupations Code Ch. 2303, as now enacted or as hereafter amended.

(g)

A copy of the motor carrier certificate of registration issued by the Texas Department of Transportation.

(h)

A fee of fifteen dollars ($15.00) (or such other amount as may be from time to time hereafter established by amendment to the schedule of fees ordinance maintained on file by the city secretary).

(i)

This section does not apply to nor prohibit a tow company which obtained a motor carrier certificate of registration from the Texas Department of Transportation and having a place of business outside the incorporated city limits, from making a "consent tow" within the city.

(Ord. No. 10-04-07, 4-8-10)