§ 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. Charging or collecting a "show up fee" is prohibited. 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 position for towing with tow lights and safety chains attached and, if required, placed on a dolly and ready to be driven away. 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 because the vehicle is not fully prepared for transport. 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.

(f)

It is unlawful for a person who makes payment for wrecker service charges by personal check or credit card to stop payment on the check or rescind a credit card charge. Persons who wish to contest the propriety of a non-consent tow must request a hearing with the justice court under the Texas Occupations Code, Chapter 2308.

(Ord. No. 2002-1, § 1, 1-14-02; Ord. No. 2008-47, § 1, 10-21-08; Ord. No. 2012-37, § 1, 11-7-12)