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Ord 2002-001
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Ord 2002-001
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Last modified
3/2/2009 8:13:54 AM
Creation date
10/11/2005 4:42:29 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2002-01
Date
1/14/2002
Volume Book
150
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<br />3. All other non-consent tows (all inclusive [double hookup, dollies, winching, flatbed, $250.00 <br />etc. ]) <br /> <br />(c) Miscellaneous and storage fees. Fees charged for vehicle storage, owner notification and other services <br />provided by storage facilities for non-consent tows originating in the city limits shall not exceed the <br />limitations set in the Storage Facility Act or Storage Facility Regulations. <br /> <br />Sec. 90.292. Invoices. <br /> <br />(a) A wrecker service must provide each vehicle owner who reclaims a towed vehicle with an invoice in <br />accordance with this section at the time a towed vehicle is reclaimed. <br /> <br />(b) Each invoice must include the wrecker service name, business address and phone number, the name of <br />the wrecker driver who performed the tow, the date and time of the tow, the date and time the vehicle was <br />reclaimed, and an itemized statement of the charges. Each invoice must have all of the following irtformation <br />printed on the front or back of the invoice, or printed on a separate sheet that is physically attached to the <br />InVOice: <br /> <br />(1) A schedule listing the maximum wrecker fees set by the city council. <br /> <br />(2) The following statement, in at least 10-point type: <br /> <br />San Marcos City Ordinance limits, but does not set, the amounts that can be charged for towing <br />vehicles, 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 canceling <br />the payment. Persons who wish to contest the propriety of a tow may request a hearing at the <br />Municipal Court or a Justice Court. Persons who wish to contest charges claimed to be excessive <br />may file a written complaint with the San Marcos Chief of Police. <br /> <br />(c) If a single invoice is used for wrecker service charges and vehicle storage facility charges, a combined <br />schedule of the maximum wrecker service and vehicle storage fees may be used on the invoice, together with <br />the statement in (b )(2). <br /> <br />Sec. 90.293. Complaints of excessive fees. <br /> <br />(a) A wrecker service or storage facility must respond to each written complaint received by the service or <br />facility, or by the chief of police, related to excessive charges for any non-consent tow. The response must <br />be in writing to the person complaining, with a copy to the chief of police, and must be sent within ten days <br />of receipt of the complaint. <br /> <br />(b) The chief of police will determine the propriety of the charges. If the chief determines that the charges <br />were excessive, the service or facility must refund the excess charges within 15 days of the police chiefs <br />decision. It is unlawful for a wrecker service or storage facility to fail to refund the excess charges within <br />this time period. <br /> <br />(c) For a rotation wrecker service or a participating storage facility, a failure to refund excess charges within <br /> <br />C:\TEMP\ Wreckers 1-14-02.doc <br /> <br />17 <br />
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