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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Registration is not required for non-consent towing of a vehicle during the process of repossession as authorized by a lease or financing agreement. (b) In order to obtain and maintain registration to perform non-consent towing, a wrecker service must meet the insurance requirements and other minimum requirements in section 90.244 of the San Marcos City Code for Category A or Category B wreckers, as applicable, and must provide proof of arrangements made to tow vehicles only to a vehicle storage facility located within the city limits of San Marcos. (c) The ehief of poli City Marshal is authorized to suspend the registration of a wrecker service to perform non-consent towing for a period of up to 90 days for violation of any provision of chapter 90,article 4 of the San Marcos City Code including but not limited to charging a fee that is not authorized by section 90.290 or exceeds the maximum fee set forth in section 90.291. See. 90.290. Towing charges limited; summoning of Category B wrecker; forms of payment. (a) It is unlawful for a wrecker service to charge any amount for a non-consent tow that exceeds the maximum fee amounts set in section 90.291. This limitation on charges applies whether a vehicle is towed from public or private property. A wrecker service is expressly authorized to charge any amount for a non-consent tow less than the maximum fee amounts set by the city council. (b) If the owner of a vehicle undergoing a non-consent tow from private property makes a request for the release of the vehicle to the wrecker driver before the wrecker leaves the property, or if the tow is from public property and the vehicle owner makes the request before the wrecker leaves the scene,the driver must stop and release the vehicle. Charging or collecting a "show up fee" is prohibited. A "drop fee" is authorized only if the request for release of the vehicle is made after it is fully prepared for transport by attachment to the tow truck, lifted into position for towing with tow lights and safety chains attached and, if required, placed on a dolly and ready to be driven away. The driver must release the vehicle to the vehicle owner upon payment of a drop fee, if authorized or upon the request of the owner if charging a drop fee is prohibited because the vehicle is not fully prepared for transport. This subsection does not apply if the vehicle is disabled or is being impounded by a peace officer, or if the vehicle owner is disabled,has been arrested, or for any other reason is unable to operate the vehicle. (c) Multiple vehicles. When more than one vehicle, such as a truck and trailer or an automobile and motorcycle, are both towed by a single wrecker, the wrecker service will charge not more than the amount set by the city council for towing the second vehicle with a single wrecker. (d) It is unlawful for any driver,employee or agent of a wrecker service to make any verbal or written representation to the owner of a towed vehicle that the amounts of wrecker fees are set by the city, or that the city requires the