Ord 2002-001 - Laserfiche WebLink

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services, and requires wrecker services and vehicle storage facilities to accept cash, one-party 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 may request a hearing at the Municipal Court or a Justice Court. Persons who wish to contest charges claimed to be excessive may file a 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. 90.281 - 90.289 Reserved. DIVISION 4. LIMITATIONS ON RATES FOR NON-CONSENT TOWS Sec. 90.290. Towing charges limited; summoning of Category B wrecker; forms of payment. (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 is towed from public or private property. A wrecker service is expressly authorized to charge any amount 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 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 not more than one-half of the normal wrecker fee. This subsection does not apply ifthe 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: (1) Cash. C:\TEMP\Wreckers 1-14-02.doc 15