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ORDINANCE NO. 2012 - 37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 90, ARTICLE 4, WRECKERS, OF THE SAN MARCOS CITY CODE TO ELIMINATE THE PREVIOUSLY AUTHORIZED "SHOW UP FEE" FOR NON - CONSENT TOWING; REVISING REGULATIONS AUTHORIZING COLLECTION OF A "DROP FEE;" INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Recital: The Texas Department of Licensing and Regulation has promulgated regulations pertaining to the collection of a "drop fee" by wrecker operators, and it has become necessary to amend the San Marcos City Code to avoid a conflict with such regulations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 90, Article 4, Wreckers, Section 90.290 is hereby amended to read as follows: 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 anon- 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 anon- consent tow less than the maximum fee amounts set by the city council. (b) If the owner of a vehicle undergoing anon- 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. .Char ing or collecting a "show up fee" is prohibited. MpA . A "drop fee" is authorized only if the request for release of the vehicle is made after it is fully prepared for transport by attachment to the tow truck, lifted into tow position for towing