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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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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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9/5/2024 2:58:03 PM
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Ordinances
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Amending
Number
2024-31
Date
8/20/2024
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(e) An additional sign meeting the speeifieations attaehed to this ordinanee as <br /> Exhibit "A" <br /> must be posted at eaeh vehieulaf exit from the parking faei4ty <br /> t an adjoining stfee+ or- alloy, <br /> (cd) It is a defense to prosecution under this section that the parking facility <br /> owner has given notice in a manner other than by posted signs, in <br /> accordance with the Texas Occupations Code, Chapter 2308, as amended, <br /> to the owner or operator of a vehicle that the vehicle will be towed if it is <br /> not removed from the parking facility. <br /> (do) It is a defense to prosecution under this section that the vehicle being towed: <br /> (1) Is in or obstructs a vehicular traffic aisle, entry, or exit of the parking <br /> facility; <br /> (2) Prevents a vehicle from exiting a parking space at the facility; <br /> (3) Is in or obstructs a marked fire lane; <br /> (4) Is in a space designated for vehicles transporting disabled persons,and does <br /> not display a special license plate or placard for a vehicle that transports a <br /> disabled person; or <br /> (5) Is in or obstructing a part of a driveway used for entering or existing the <br /> facility. <br /> Sec. 90.227—90.239. Reserved. <br /> DIVISION 2. POLICE DEPARTMENT CITY OF SAN MARCOS <br /> ROTATION SYSTEM <br /> Sec. 90.240. Applicability. <br /> This division applies to wrecker services that perform police-authorized tows, <br /> towing activities at police scenes, and storage facilities to which vehicles towed as <br /> police-authorized tows are taken. <br /> (a) It is unlawful for a person who owns or controls a parking facility to cause <br /> or permit a non-consent tow of a vehicle from the parking facility if signs <br /> prohibiting the parking of unauthorized vehicles are not properly posted at <br /> the parking facility in accordance with the Texas Occupations Code, <br /> Chapter 2308, as amended, and this section. <br /> (b) In addition to the requirements for signs under the Texas Occupations Code, <br /> Chapter 2308, as amended, to authorize non-consent tows, the signs must: <br /> (1) inelude a bold and elear statement of the ameuiA of the fees for the towing <br /> tl <br /> of vehieles from the pr-opeft-f iwunediately followed by the statement"PLUS <br /> STORAGE GE FEES: L. <br /> (1-2) Include a bold and clear statement of the hours during which non-consent <br /> tows are performed, or if they are performed at all hours, the statement <br /> "TOWING ENFORCED AT ALL TIMES, DAY AND NIGHT"; and <br />
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