§ 23-88. Qualification for police-initiated towing permit.

(a)

To qualify for a towing permit, an applicant, including operators, must:

(1)

Be at least 19 years of age;

(2)

Be currently authorized to work full-time in the United States;

(3)

Hold a valid driver's license issued by the State of Texas;

(4)

Be able to communicate in the English language;

(5)

Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a tow truck, or that is likely to otherwise endanger the public health or safety;

(6)

Not have been convicted of more than four (4) moving traffic violations arising out of separate transactions, or involved in more than two (2) automobile accidents in which it could be reasonably determined that the applicant was at fault, within any twelve-month period during the preceding thirty-six (36) months;

(7)

Not have been convicted or placed on probation or deferred adjudication for a crime:

a.

Involving:

1.

Criminal homicide as described in V.T.C.A. Penal Code Ch. 19;

2.

Kidnapping as described in V.T.C.A. Penal Code Ch. 20;

3.

A sexual offense as described in V.T.C.A. Penal Code Ch. 21;

4.

An assaultive offense as described in V.T.C.A. Penal Code Ch. 22, other than a class C misdemeanor;

5.

Robbery as described in V.T.C.A. Penal Code Ch. 29;

6.

Burglary as described in V.T.C.A. Penal Code Ch. 30;

7.

Theft as described in V.T.C.A. Penal Code Ch. 31, but only if the violation is punishable as a felony;

8.

Fraud as described in V.T.C.A. Penal Code Ch. 32;

9.

Tampering with a governmental record as described in V.T.C.A. Penal Code Ch. 37;

10.

Public indecency (prostitution or obscenity) as described in V.T.C.A. Penal Code Ch. 43;

11.

The transfer, carrying, or possession of a weapon in violation of V.T.C.A. Penal Code Ch. 46, but only if the violation is punishable as a felony;

12.

A violation of V.T.C.A. Health and Safety Code Ch. 483 "Dangerous Drugs," that is punishable as a felony;

13.

A violation of V.T.C.A. Health and Safety Code Ch. 481 "Controlled Substances Act," that is punishable as a felony;

14.

Criminal attempt to commit any of the offenses listed in subsection (7)(a)1 through 13 of this subsection;

15.

Driving while intoxicated described in V.T.C.A. Penal Code Ch. 49;

16.

Driving while intoxicated with child passenger as described in V.T.C.A. Penal Code Ch. 49;

17.

Intoxication assault as described in V.T.C.A. Penal Code Ch. 49; or

18.

Intoxication manslaughter as described in V.T.C.A. Penal Code Ch. 49.

b.

For which:

1.

If the applicant was convicted for a misdemeanor offense, other than a class C misdemeanor offense, less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date;

2.

If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two (2) years have elapsed since the date of successful completion of probation or deferred adjudication;

3.

If the applicant was convicted for a felony offense, less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date;

4.

If the applicant was placed on probation or deferred adjudication for a felony offense, less than five (5) years have elapsed since the date of successful completion of probation or deferred adjudication;

5.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any twenty-four-month period, the applicant has two (2) or more convictions of any misdemeanor offense or combination of misdemeanor offenses;

6.

Less than five (5) years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any twenty-four-month period, the applicant has been placed on probation or deferred adjudication two (2) or more times for any misdemeanor offense or combination of misdemeanor offenses;

7.

Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated:

(a)

Within the preceding twelve (12) months; or

(b)

More than one time within the preceding ten (10) years;

8.

Not be addicted to the use of alcohol or narcotics; and

9.

Be subject to no outstanding warrants of arrest.

(b)

An applicant who has been sentenced for an offense listed in subsection (a)(7), for which the required time period provided by this ordinance has elapsed, may qualify for a towing permit only if the director determines that the applicant is presently fit to engage in the occupation of a tow truck operator. In determining present fitness under this section, the director shall consider the following:

(1)

The extent and nature of the applicant's past criminal activity;

(2)

The age of the applicant at the time of the commission of the crime;

(3)

The amount of time that has elapsed since the applicant's last criminal activity;

(4)

The conduct and work activity of the applicant prior to and following the criminal activity;

(5)

Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and

(6)

Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.

(c)

It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under this article.

(Ord. No. 2006-174, § 2, 6-20-06)