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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Tow means the use of a wrecker to transport another vehicle, whether by pulling, carrying, pushing, or any other method. Vehicle means a device that can be used to transport or draw persons or property on a highway. Vehicle Owner or owner of the vehicle means the owner of a vehicle or a person who reasonably appears to have authority to operate the vehicle. Vehicle Storage Facility Act means Texas Occupations Code Chapter 2303,as amended. Wrecker means any motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any other vehicle. Wrecker driver means a person who operates a wrecker. Sec. 90.224. Penalty. A person who violates any provision of this article commits a misdemeanor and shall be punished upon conviction by a fine of not less than $200.00 nor more than $500.00, unless a different fine is otherwise specifically provided for a violation under this article. Sec. 90.225. Prohibited interests in wreckers and wrecker services. It is unlawful for a city officer or employee to have an ownership interest in any participating wrecker service or participating storage facility. See. 90.226. Vehicles not to be towed unless signs posted. (a) It is unlawful for a person who owns or controls a parking facility to cause or permit a non-consent tow of a vehicle from the parking facility if signs prohibiting the parking of unauthorized vehicles are not properly posted at the parking facility in accordance with the Texas Occupations Code, Chapter 2308, as amended, and this section. (b) In addition to the requirements for signs under the Texas Occupations Code, Chapter 2308, as amended, to authorize non-consent tows, the signs must: (1) inelude a bold and elear statement of the mount of the fees faF the towing b of vehieles ftom the pfopei4y immediately followed by the statenient"PLUS STORAGE FEESI-, (12) Include a bold and clear statement of the hours during which non-consent tows are performed, or if they are performed at all hours, the statement "TOWING ENFORCED AT ALL TIMES, DAY AND NIGHT"; and (24) Be illuminated by lighting attached to the sign or by other lighting sufficient to make the sign readable if non-consent tows are performed between the hours of sunset and sunrise;