§ 8-231. Prohibitions.

(a)

It shall be unlawful for any person to drive, or cause to be driven, a tow truck to or near the scene of a collision on a street within the city unless such person has been called to the scene by the police department or by a party involved in the collision; provided, however, that the prohibition of this subsection shall not be applicable when such actions are necessary to prevent death or bodily injury to any person involved in a collision. This subsection shall apply to collisions occurring on State Highways 95 and 290, FM 1100, FM 1704, FM 3000 and Loop 109 within the city which are investigated by the state department of public safety.

(b)

It shall be unlawful for any person to engage in the towing business in the city that performs nonconsent tows or performs consent tows and has a place of business in the city unless such person possesses a current, valid permit therefor.

(c)

It shall be unlawful to drive or cause to be driven a tow truck, in the towing business that performs nonconsent tows or performs consent tows and has a place of business in the city as a towing service, any tow truck for which no certificate has been issued.

(d)

Notwithstanding any other provision of this section in any circumstance in which a vehicle or other object is so located on a public street as to constitute a hazard or obstacle, or to interfere with traffic, or in the event a stolen vehicle is found or in any other circumstance in which a police officer in the course of his duty directs the removal of a vehicle from or to any location, any police officer may require its removal at the owner's expense, by any practicable means, to include but not limited to, use of a tow truck selected by the owner, or failing that, selected by the use of the towing rotation list.

(Code 1990, ch. 4, § 11(B); Ord. No. 91-15, 6-18-1991; Ord. No. 2007-03-20-06, 3-20-2007)