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Ord 2008-047
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Ord 2008-047
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Last modified
5/26/2010 10:43:48 AM
Creation date
10/29/2008 9:30:31 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2008-47
Date
10/21/2008
Volume Book
178
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(a) A vehicle storage facility must provide each vehicle owner who reclaims a towed vehicle with an <br />invoice in accordance with this section at the time a towed vehicle is reclaimed. <br />• (b) Each invoice must include the vehicle storage facility name, business address and phone number, <br />facility's state vehicle storage facility number, the date and time the vehicle was impounded, the date <br />and time the vehicle was reclaimed, and an itemized statement of the charges. Each invoice must have <br />all of the following information printed on the front or back of the invoice, or printed on a separate sheet <br />that is physically attached to the invoice: <br />(1) A schedule listing the maximum vehicle storage fees set by the state. <br />(2) The following statement, in at least 10-point type: <br />San Marcos City Ordinance limits, but does not set, the amounts that can be charged for wrecker <br />services, and requires wrecker services and vehicle storage facilities to accept cash, one-party <br />personal checks, money orders, traveler's checks and credit cards for payment of fees. The <br />ordinance also prohibits a person who pays with a check or credit card from stopping or <br />canceling the payment. Persons who wish to contest the propriety of a tow or to contest charges <br />claimed to be excessive may request a hearing at a justice court. Persons <br />who wish to contest charges on police-authorized tows claimed to be excessive may file a <br />complaint with the San Marcos Chief of Police. <br />(c) If a single invoice is used for wrecker service charges and vehicle storage facility charges, a <br />combined schedule of the maximum wrecker service and vehicle storage fees may be used on the <br />• invoice, together with the statement in (b)(2). <br />Sec. 90.281- 90.289 90.288. Reserved. <br />DIVISION 4.NON-CONSENT ?S-TOWING REGULATIONS AND RATE LIMITATIONS <br />Sec. 90.289. Non-consent towing registration required; minimum requirements; suspension <br />(a) Effective on January 2 2009, it shall be unlawful for a wrecker service to perform non-consent <br />towing of vehicles from private property in the City of San Marcos without having a current and <br />valid non-consent towing registration on file with the San Marcos Police Department <br />Registration is not required for non-consent towing of a vehicle during the process of <br />repossession as authorized by a lease or financing agreement. <br />(b) In order to obtain and maintain registration to perform non-consent towing, a wrecker service <br />must meet the insurance requirements and other minimum requirements in Section 90.244 of the <br />San Marcos Cif Code for Category A or Category B wreckers, as applicable, and must provide <br />proof of arrangements made to tow vehicles only to a vehicle storage facility located within the <br />city limits of San Marcos. <br />(c) The chief of police is authorized to suspend the registration of a wrecker service to perform non- <br />consent towing f_or a period of up to 90 days for violation of any provision of Chapter 90, Article <br />4 of the San Marcos City Code including but not limited to charging a fee that is not authorized <br />by Section 90.290 or exceeds the maximum fee set forth in Section 90.291. <br />• <br />Sec. 90.290. Towing charges limited; summoning of Category B wrecker; forms of payment. <br />15
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