Sec. 19-386. - Compliance with state law and local ordinances.

All towing companies and property owners under this article shall comply with all applicable state laws and local ordinances.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Sec. 19-387. - Definitions.

In this chapter:

Abandoned motor vehicle has the same meaning as defined by the Texas Transportation Code.

City means the city of San Antonio.

Consent tow has the same meaning as defined by the Texas Transportation Code.

Department means the San Antonio police department, chief of police, or his designee.

Driver means an individual who drives or operates a wrecker.

Nonconsent tow has the same meaning as defined by the Texas Transportation Code.

Operate means to drive or to be in control of a wrecker or the vehicle storage facility.

Operator means the driver or owner of a wrecker or the operator of a vehicle storage facility.

Parking facility has the same meaning as defined by the Texas Transportation Code.

Person means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.

Property entrance means any point of access by a vehicle to private property.

Property owner has the same meaning as defined by the Texas Transportation Code.

Towing company has the same meaning as defined by the Texas Transportation Code.

Unauthorized vehicle has the same meaning as defined by the Texas Transportation Code.

Vehicle has the same meaning as defined by the Texas Transportation Code.

Vehicle owner or operator means a person, or the designated agent of a person, who:

(1)

Holds legal title to a vehicle, including any lienholder of record; or

(2)

Has legal right of possession or legal control of a vehicle.

Vehicle storage facility means a facility licensed as such under the laws of the state.

Wrecker means a vehicle designed for the towing of other vehicles.

(Ord. No. 96242, 1(Attach. I), 8-22-02; Ord. No. 2008-03-13-0202, § 1, 3-13-08)

Sec. 19-388. - Authority and duties of the department.

The department shall implement and enforce this article. In addition to the powers and duties elsewhere prescribed in this article, the department is authorized to:

(1)

Adopt rules and regulations, consistent with the provisions of this article and all applicable state laws, with respect to matters incidental or appropriate to the powers and duties as may be necessary for the proper administration and enforcement of this article.

(2)

Conduct random periodic investigations of towing companies and vehicle storage facilities throughout the city concerning their compliance with this article and state law.

(3)

Inspect tow service vehicles for compliance with uniform vehicle and equipment safety standards established by the state.

(4)

Conduct random inspections of tow service company records and facilities for compliance with state law and public safety. Inspections should be performed in a reasonable manner so as to comply with the laws of the state.

(5)

Conduct random inspections of vehicle storage facility records, facilities, and storage lots for compliance with state law and public safety. Inspections should be performed in a reasonable manner so as to comply with the laws of the state.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Sec. 19-389. - Exemptions.

This article does not apply to:

(1)

A person towing a vehicle with the express consent of the owner or operator of the vehicle;

(2)

A person towing a vehicle from public streets and ways or private property under the direction of the department;

(3)

A person who engages in towing a vehicle in connection with a bona fide repossession of same, when written authorization has been received from the mortgagee.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Sec. 19-390. - Prohibition against unattended vehicles in certain areas.

The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:

(1)

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

(2)

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

(3)

Is in or obstructs a fire lane marked in accordance with this Code; or

(4)

Obstructs immediate access to a trash dumpster; the trash dumpster or area of immediate access to the dumpster must be conspicuously and legibly marked on all sides of access with the warning "NO PARKING-TOW AWAY ZONE." (signage shall be in white letters, or other contrasting color, at least three (3) inches tall); or

(5)

Obstructs a curb painted red and conspicuously and legibly marked with the warning "NO PARKING-TOW AWAY ZONE." (Curb markings and/or signs shall be at intervals not to exceed fifty (50) feet and in compliance with the Texas Transportation Code.); or

(6)

Is improperly parked on private property in an restricted or reserved parking area which has been properly marked pursuant to the Texas Transportation Code.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Sec. 19-391. - Vehicle storage facility's duty to report after accepting unauthorized vehicle.

(a)

A vehicle storage facility accepting a vehicle that is towed under this article shall, within two (2) hours after removal from the unauthorized parking location, report to the department:

(1)

A general description of the vehicle, including the year, make, model, and color;

(2)

The state and number of the vehicle's license plate, if any;

(3)

The vehicle identification number of the vehicle, if it can be ascertained;

(4)

The date and time of tow as well as the location from which the vehicle was towed;

(5)

The name of the company towing the vehicle, the name of the wrecker driver doing the tow, and the name and location of the vehicle storage facility where the vehicle is being stored; and

(6)

The name and title of the property owner causing the vehicle to be towed.

(b)

The report required by this section must be made by telephone, by facsimile or other electronic device, or delivered personally and a control number must be obtained from the department at the time of notification.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Sec. 19-392. - Requirements for posting signs.

(a)

A minimum of one sign shall be placed on the right or left side of each driveway or curb cut through which a vehicle can enter the property, including an entry from an alley or other property abutting the property.

(b)

Each sign must conform to the minimum requirements as set forth in the Texas Transportation Code.

(c)

Each sign must be posted in a manner and location so that the signs are facing and conspicuous to the driver of a vehicle entering the property.

(d)

Upon review by the chief of police or his designee, a parking facility causing tows under this chapter may be required to install additional signage in order to correct problems associated with conformity of signage due parking facility layout.

(e)

A parking facility may not accept signage or installation of signs from a towing company, pursuant to the Texas Transportation Code.

(Ord. No. 96242, 1(Attach. I), 8-22-02)

Secs. 19-393—19-400. - Reserved.