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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tows originating in the city limits shall not exceed the limitations set in the Veheil-e Vehicle Storage Facility Act or Storage Facility Regulations. Sec. 90.292. Invoices. (a) A wrecker service must provide each vehicle owner who reclaims a towed vehicle with an invoice in accordance with this section at the time a towed vehicle is reclaimed. (b) Each invoice must include the wrecker service name, business address and phone number, the name of the wrecker driver who performed the tow, the date and time of the tow, the date and time the vehicle was reclaimed, and an itemized statement of the charges. Each invoice must have all of the following information printed on the front or back of the invoice, or printed on a separate sheet that is physically attached to the invoice: (1) A schedule listing the maximum wrecker fees set by the city council. (2) The following statement, in at least 10-point type: San Marcos City Ordinance limits,but does not set,the amounts that can be charged for towing vehicles, and requires wrecker services and vehicle storage facilities to accept cash, one-parry personal checks, money orders, traveler's checks and credit cards for payment of fees. The ordinance also prohibits a person who pays with a check or credit card from stopping or canceling the payment. Persons who wish to contest the propriety of a tow or to contest charges claimed to be excessive may request a hearing at a justice court. Persons who wish to contest charges claimed to be excessive for police-authorized tows may file a written complaint with the San Marcos Chief of Police. (c) If a single invoice is used for wrecker service charges and vehicle storage facility charges, a combined schedule of the maximum wrecker service and vehicle storage fees may be used on the invoice,together with the statement in(b)(2). Sec. 90.293. Complaints of excessive fees. (a) A rotation list wrecker service,a wrecker service registered to perform non- consent towing or a participating storage facility must respond to each written complaint received by the service or facility,or by the ehief of poll City Marshal, related to excessive charges for any non-consent tow. The response must be in writing to the person complaining, with a copy to the ehie f of poliee City Marshal and must be sent within ten days of receipt of the complaint. (b) The ehie f of pol City Marshal may suspend the wrecker service or participating storage facility for a period of up to 90 days and/or cause misdemeanor charges to be brought against the rotation list wrecker company or participating storage facility if probable cause exists to believe