§ 94-208. Private nonconsent towing; required signage.


Latest version.
  • (a)

    Contractual tow trucks—Private property towing—Nonconsent towing:

    (1)

    Wrecker service companies engaging in private property, nonconsent towing of vehicles pursuant to V.T.C.A. Texas Transportation Code, ch. 684, shall be licensed by the state pursuant to V.T.C.A. Transportation Code, ch. 643.

    (2)

    A wrecker service company towing and/or a vehicle storage facility accepting a nonconsent towed vehicle towed from private property must report that tow to the police department. This reporting must be made within 30 minutes of removing the vehicle, giving a general description of the vehicle, the vehicle license plate number and issuing state, vehicle identification number, location from which it was removed, where it is stored, contact information of storage facility and the name of the person authorizing the vehicle to be removed.

    (b)

    "Parking facility" signage and posting requirements:

    (1)

    These requirements shall apply only where notice of prohibited parking is given by signs. They shall not apply to tows made of vehicles parked in fire lanes or of vehicles obstructing an entrance, exit, or aisle of a parking facility.

    (2)

    Signs shall be placed on the right-hand side of each driveway access or curb cuts allowing vehicular access to a parking facility. If there are no curbs or access barriers, signs shall be placed at intervals of not less than 25 feet around the perimeter which is accessible by vehicles.

    (3)

    Each sign shall be placed at a right angle so as to face entering traffic. They shall be placed no farther than five feet from the public right-of-way, but shall not be within said right-of-way.

    (4)

    Each sign shall be permanently installed on a pole, post, permanent wall, or permanent barrier so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above the ground level.

    (5)

    Each sign shall be a minimum of 18 inches wide by 24 inches high, and a maximum of 24 inches wide by 30 inches high. Their facings shall be fabricated out of weatherproof material. The letters on such signs shall be of a minimum height of two inches, of a contrasting color to the background, and shall be light-reflective. The background shall be white.

    (6)

    Each sign shall state who may park in the facility, and shall further state that all others are prohibited and will be towed away at the owner's expense. The words "TOW AWAY ZONE" or "TOWING ENFORCED" shall be included on each sign in capital letters of a minimum height of two inches.

    (7)

    Each sign shall provide the name and current telephone number of the wrecker service company authorized to tow vehicles from the parking facility, and the name and current telephone number of the vehicle storage facility, if different from the wrecker service company. Alternatively, each sign may state the name and phone number of the parking facility owner if that person has knowledge of the location of the stored vehicle.

    (8)

    Signs shall be continuously maintained at a parking facility for 24 hours prior to the towing or removing of any vehicle. However, this subsection shall not be deemed as giving proper notice to the owner of a vehicle parked on a parking facility prior to the installation of the signs and not subsequently moved by the owner.

    (9)

    These provisions shall be in addition to the requirements of V.T.C.A. Transportation Code, ch. 684 and 685.

    (c)

    A facsimile transmission of the authorized police department form shall be considered proper notification under both sections 94-207 and 94-208(a) of this article.

(Ord. No. 2004-16, § I, 10-19-04)