Ord 2008-047 - Laserfiche WebLink

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(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 ' towed from public or private property. A wrecker service is expressly authorized to charge any amo 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. If the request is made after the wrecker is in position and ready to connect to the vehicle, but before the wrecker has lifted two or more of the vehicle's tires off of the ground, the wrecker driver must release the vehicle to the vehicle owner upon payment of a "show-up" fee, if authorized, or upon request of the owner if charging a show u fee is prohibited. If the request is made after the wrecker has lifted two or more of the vehicle's tires off of the ground, 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. not tnefe than half of t l wreek ? It shall be unlawful for a wrecker service or wrecker driver to charge a vehicle owner a show up fee fee-unless the wrecker was dispatched from a remote location for the purpose of towing a specific vehicle. 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 wrecker service to charge certain amounts for its services. An employee, agent or wrecker driver of a wrecker service is expressly authorized to state to the owner of a towed vehicle that the city limits the amount a wrecker service can charge for its services. (e) A wrecker service must accept all of the following forms of payment for wrecker service charges for a non-consent tow, show up fee or drop fee: (1) Cash. (2) One party personal check from a bank with a branch location in San Marcos, Texas. (3) Money order or traveler's check. (4) Credit card. if a wreekef dfivef is accepting payment under- subsection (e), however-, the driver- must accept eash, a traveler's cheek of a money order. The driver- may deeline to aeeept a er-edit card or- a one p", apefsonal ehee (f) It is unlawful for a person who makes payment for wrecker service charges by personal check o 16