Ord 2024-031 amending Chapter 90, Article 4, Wreckers, of the San Marcos City Code for the purposes of modifying signage requirements, placing responsibility for administering the wrecker rotation system with the city marshal

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Sec. 90.247. Obedience to police and fire fighters at police scenes; no smoldng at accident scenes. (a) All wrecker drivers at a police scene must obey all orders given to them by any police officer or fire fighter at the scene and must not interfere with any police officer or fire fighter at the scene in the performance of the officer's duty. (b) It is unlawful for any person to ignite a match, lighter or any other flammable object, or to possess a lighted cigarette, cigar, pipe or other burning material, within a distance of 50 feet from any vehicle involved in an accident. Sec. 90.248. Towing from public property. It is unlawful for a driver to perform a non-consent tow of a motor vehicle from a public street, alley, road, right-of-way, or park unless the tow is a police- authorized tow or is directed by a peace officer. Sec. 90.249. Towing of vehicles at police scene. (a) It is unlawful for a wrecker driver to attach to or tow any vehicle from a police scene unless a police officer at the scene authorizes the driver to attach to or tow the vehicle. The fact that no police officer is present at the scene when a wrecker arrives,or that a vehicle owner requests that a vehicle be towed at the scene when no police officer is present, does not constitute an exception to this requirement. A vehicle owner who wishes for his or her vehicle to be towed from a police scene must notify the police department and await the arrival of a police officer. (b) In the event a vehicle owner is unable to give permission to a wrecker to remove the owner's vehicle from a police scene, a police officer will give any necessary orders to remove the vehicle. Police officers are authorized to order the moving of any vehicle to clear an area for traffic or other purposes. (c) A wrecker driver who tows a vehicle from a police scene must remove and properly dispose of any debris,parts, fluids and glass from the scene. In the event two or more wreckers tow vehicles from the scene, all of the wrecker drivers are responsible for removing and disposing of the debris, parts, fluids and glass. Where any fluid spill is in excess of ten gallons,or the fluid spilled is not required for the normal operation of the vehicle, and an on- duty police officer or fire fighter is not present at the spill area,the wrecker driver must notify the fire department. (d) A police officer at a police scene will have authority to summon a Category B wrecker when the equipment is required in the officer's opinion. Unless a police officer summons a Category B wrecker,the wrecker service may not charge any amounts for the tow that exceed the amounts that may be charged for a tow by a Category A wrecker.